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2020-07-01 Planning Commission PacketCommissioners City Staff Lawson Bronson, Chair Tom Medhurst, Vice-Chair Robert “Doc” Hansen, Planning Manager Wayne Carlson Hope Elder E. Tina Piety, Administrative Assistant Dawn Meader McCausland Tim O’Neil 253-835-2601 Diana Noble-Gulliford Dale Couture, Alternate www.cityoffederalway.com Eric Olsen, Alternate K:\PLN Planning Commission\2020\Agenda\Agenda 07-01-20.doc City of Federal Way PLANNING COMMISSION July 1, 2020, 6:30 p.m. City Hall, Zoom Meeting AGENDA Notice: Pursuant to Governor Inslee’s Proclamation 20-28, all in-person meetings are prohibited until further notice. The Mayor and City Council are providing opportunities for public comment by submitting written comment or calling into the meeting to provide oral testimony. To access these options please use the following: Click Here to Watch Online Live Streaming Video of the Meeting Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 915 5868 4637 Click here 2 hours before the meeting starts for a form to sign-up to give citizen comment during the meeting (via telephone) / you will be given access during the public testimony portion Click Here 2 hours before the meeting starts to submit written comments to the Planning Commission; reference “Planning Commission Public Hearing – July 1st Watch from the Zoom mobile app with meeting: 915 5868 4637 and password: 371382 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES a. Planning Commission Meeting of June 17, 2020 4. PUBLIC COMMENT 5. COMMISSION BUSINESS a. Public Hearing – Amendment to Add New Section FWRC 19.135.252, “Vacation of Right-of-Way” b. Discussion – Amendments to Comprehensive Plan Designations 6. STAFF BUSINESS a. Director’s Report 7. NEXT MEETING a. July 15, 6:30 p.m. 8. ADJOURNMENT Planning Commission Meeting Minutes June 17, 2020 Planning Commission Minutes Page 1 June 17, 2020 CITY OF FEDERAL WAY PLANNING COMMISSION June 17, 2020 City Hall 6:30 p.m. Zoom MEETING MINUTES Commissioners present: Lawson Bronson, Tom Medhurst, Wayne Carlson, Dawn Meader McCausland, Tim O’Neil, Diana Noble-Gulliford, Dale Couture, and Eric Olsen. Commissioners absent: Hope Elder. City Staff present: Planning Manager Robert “Doc” Hansen, Public Works Director EJ Walsh, Assistant City Attorney Eric Rhoades, and Administrative Assistant II Tina Piety. CALL TO ORDER Chair Bronson called the meeting to order at 6:30 P.M. MINUTES The February 19, 2020, minutes were approved as presented. PUBLIC COMMENT None COMMISSION BUSINESS a. Public Hearing Amendment to Flood Damage Prevention – Planning Manager Hansen delivered the staff presentation. On February 19, 2020, the city was sent a letter from FEMA regarding amendments that need to be made to Federal Way Revised Code (FWRC) 19.142 to meet to the new federal floodplain standards. The amendments are necessary for the city to keep its floodplain insurance provided by the federal government. The amendments will mainly place more responsibility on the city for implementation, and place greater limitation on developments in areas that have more environmental significance. In addition, a number of definitions were added or amended. The proposed amendments will provide greater distinction between the “AE” zone and the more environmentally sensitive “VE” zone as identified on the new maps, by placing greater restrictions on development proposed in the “VE” zone. Commissioner O’Neil asked if the city added any amendments in addition to those from FEMA? Manager Hansen replied that staff did not add any additional amendments. He reviewed the regulations with a FEMA representative in order to include regulations that pertain to the city. Commissioner Meader McCausland commented that she finds the definition of historic structure (on page 5) to be confusing. The word “or” is included at the end of statement 3, but not statements 1 and 2. Does this mean statement 1 and 2 and 3 or 4? Or is it 1 or 2 or 3 or 4? Please clarify. Manager Hansen responded the word “or” should be included after each statement. Commissioner Carlson moved (and it was seconded) to approve the proposed amendments as written with the addition of the word “or” added to statements 1 and 2 of the historic structure definition. There was no further discussion. The vote was held and the motion was passed unanimously. Planning Commission Minutes Page 2 June 17, 2020 b. Discussion Amendment to Add New Section FWRC 19.135.252, “Vacation of Right-of-Way”– Director Walsh delivered the staff presentation. Current code contains a section related to right-of-way vacations; however, it does not establish criteria under which such requests should be reviewed. Further, in accordance with the Revised Code of Washington, a vacation should only be completed when it significantly serves the public interest. Therefore, the proposed amendment establishes criteria for review of requests of right-of-way vacations, requires the applicant to demonstrate the public benefit, and directs establishment of administrative policies, including an application and checklist. Commissioner Meader McCausland asked if there is a definition for public benefit. Director Walsh replied staff is working on a more definitive definition. It will be part of the policies more than the amendment. c. Discussion Amendment to FWRC 19.250, Cottage Housing – Manager Hansen delivered the staff presentation. This is an introduction to a code amendment that will come to the Commission as a public hearing. In a separate process, the city is developing a housing plan. Currently, the housing plan is scheduled to come to the Commission late in 2020. The City Council determined the proposed amendment should be considered before that. Specially, the proposed amendment will eliminate the requirement for affordable units within a cottage housing development. Commissioner Meader McCausland asked why does the city want this amendment before the housing plan? Manager Hansen responded the city is not certain when the housing plan will be ready and we have potential applicants. She asked if the affordable unit requirement is a significant deterrent? Manager Hansen replied that under the current regulations, a developer can build 4 – 12 units and may increase that to 16 units if 2 are affordable. Due to the expensive of building affordable housing, developers are stay with 12 units; thereby decreasing the possible housing units within the city. Commissioner O’Neil asked if the city has considered allowing the affordable units on a different site. Manager Hansen responded that staff has not and will research the possibility. Commissioner Meader McCausland asked if the city has considered a fee-in-lieu. Manager Hansen replied the city is not offering a fee-in-lieu option because it would cost a developer almost as much as building affordable units and therefore would not be an incentive. d. Discussion Amendments to Comprehensive Plan Designations – Manager Hansen delivered the staff presentation. This is an introduction to two comprehensive plan amendments that will come to the Commission as a public hearing. One is a request for a rezone from Single-Family High Density Residential and Single-Family (RS 7.2, one unit per 7,200 square feet) to Multifamily Residential and Multifamily (RM 1800, one unit per 1,800 square feet). Shelter Resources, Inc. is requesting the comprehensive plan designation and rezone in order to allow transit-oriented multifamily housing as the parcels are within one half mile of the planned 272nd Sound Transit Light Rail Station, which will be constructed in 2024 at the existing Star Lake Park and Ride, located adjacent to the intersection of I-5 and South 272nd Street. The second will amend Chapter 3, Map III-3 by removing the designation of “Minor Collector” of 376th Street, adjacent to Milton and through the Redondo Subdivision on 19th Avenue. STAFF BUSINESS a. Director’s Report – None NEXT MEETING July 1, 2020, 6:30 p.m., Zoom Meeting ADJOURN The meeting adjourned at 7:55 P.M. K:\Planning Commission\2016\Meeting Summary 06-17-20.doc Planning Commission Public Hearing Amendment to Add New Section FWRC 19.135.252, “Vacation of Right-of-Way” CITY OF FEDERAL WAY MEMORANDUM DATE: July 1, 2020 TO: Planning Commission VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Director of Public Works SUBJECT: ORDINANCE: Relating to vacation of Right of Ways FINANCIAL IMPACTS: This Ordinance does not contain financial considerations which propose an impact. BACKGROUND: Public Right of Ways are held by the City in trust for public use, and, relinquishing a Right of Way restricts public movement and is therefore a significant act. From time to time the City receives requests to vacate public Right of Ways. Typically, these requests are in conjunction with, or as a result of, private development. Current adopted code does contain a section related to Right of Way vacations, however does not establish criteria under which such requests should be reviewed. Further, in accordance with the Revised Code of Washington, vacations should only be completed when it significantly serves the public interest. Therefore, the proposed Ordinance establishes criteria under which to review requests for Right of Way vacation, requires the applicant to demonstrate the public benefit, and directs establishment of Administrative policies, including an application and checklist. Ordinance No. 19-_____ Page 1 of 4 Rev 2/19 ORDINANCE NO. _________ AN ORDINANCE of the City of Federal Way, Washington, relating to Right of Way Vacations; modifying chapter 4.20 and adding a new section to chapter 19.135 FWRC. ______________________________________________________________________________ WHEREAS, the City of Federal Way (“City”) is a non-charter code city under Title 35A of the Revised Code of Washington (“RCW”); and WHEREAS, occasionally property owners desire to acquire the Right of Way next to their property; and WHEREAS, the City holds Right of Ways in trust for public use; and WHEREAS, relinquishing the easement and restricting public movement through the Right of Way is a significant act and not done lightly; and WHEREAS, the City Council shall determine that doing so significantly serves the public interest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 4.20 of the Federal Way Revised Code is hereby amended to add a new section 4.20.120(2)(f) to read as follows: 4.20.120 Conduct of hearing – Basis for decision. A public hearing on a proposed street vacation shall be held before the city council. At the time of the hearing on the vacation, or at such time as the same may be continued by the city council, the matter shall be considered and those desiring to speak on the vacation shall be heard. Following the hearing, the council shall decide whether to grant or deny the petition for vacation. Such determination shall include, but not be limited to: (1) Compliance with the following criteria: Ordinance No. 19-_____ Page 2 of 4 Rev 2/19 (a) The vacation provides a public benefit or is for a public benefit. The benefit may include economic or business support the community as a whole derives from the abutting property owner; (b) The street, alley or portion thereof is no longer required for public use; (c) The vacation does not abut a body of water, such as a river, lake, or salt water, except for a public purpose such as a park or port facility and which reverts to a public authority; and (2) Consideration of the following criteria: (a) The vacation meets the intent of the city’s comprehensive plan’s general purposes and objectives; (b) The vacation provides for an exchange of public property in the public interest; (c) Whether conditions may so change in the future as to provide a greater use or need than presently exists; (d) Whether objections to the proposed vacation are made by owners of private property, exclusive of petitioners, abutting the same; (e) The vacation would not interfere with future development or access to other existing or future developments. (f) The petitioner has demonstrated the vacation complies with FWRC 19.135.252. Section 2. Chapter 19.135 of the Federal Way Revised Code is hereby amended to add a new section 19.135.252 to read as follows: 19.135.252 Vacation of Right of Way. (1) Generally. The Public Works Director shall prepare and make available for distribution administrative Street Vacation Policies, including an application checklist and application. (2) Right of Way may be reduced or vacated only after the following requirements are completed: (a) Analysis and documentation consistent with the Street Vacation Policies. Ordinance No. 19-_____ Page 3 of 4 Rev 2/19 (b) Demonstration that the remaining street network meets the block perimeter standards of FWRC 19.135.251. Where block perimeter standards are not met prior to vacation, any vacation of public Right of Way shall not result in an increase in the non-conforming block length. (C) A traffic analysis demonstrating that there will be no increase in trips by vehicles, pedestrians, or other modes on the Right of Way network as a result of the vacation; or proposed improvements required for mitigation so there is no resulting increase in trips on the Right of Way network. (D) A public hearing before the City Council complying with the requirements of FWRC 4.20.120. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days Ordinance No. 19-_____ Page 4 of 4 Rev 2/19 from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this _________ day of ___________________, 20___. CITY OF FEDERAL WAY: ________________________________ JIM FERRELL, MAYOR ATTEST: ________________________________________ STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: __________________________________________ J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: MEMORANDUM July 1 , 2020 TO: Planning Commission FROM: Robert “Doc” Hansen, Planning Manager EJ Walsh, Public Works Director RE: Vacation of Right-of-Ways Ordinance Commissioners, Following are DRAFT copies of both documents that the ordinance directs Public Works to prepare, the Vacation Checklist and the Public Works Vacation Policies. Please note that these are being provided as background information based on the conversation at the last Planning Commission meeting by Commissioners Dawn Meader-McCausland and Wayne Carlson. If you have any questions, you can email Public Works Director EJ Walsh at ej.walsh@cityoffederalway.com. Department of Community Development 33325 8th Avenue South Federal Way, WA 98003 253-835-2601 www.cityoffederalway.com CITY OF FEDERAL WAY RIGHT OF WAY VACATION CHECKLIST This checklist is intended to provide an overview of key requirements for submission, see the Administrative Street Vacation Policies for additional information. STEP 1: Before Applying -  Contact Public Works - Development Services to discuss feasibility and alternatives  Schedule and conduct a pre-application meeting  Prepare a written initial community engagement plan consistent with the WSDOT Community Engagement Plan Guide  Conduct early community engagement and collect feedback STEP 2: Petition - 1. Complete the attached Request for Petition Form and submit it to Public Works. 2. Collect signatures on the provided form(s). 3. Once signatures have been collected, proceed to Step 3. Note: The City will provide the petition signature form after the information in step 1 is submitted. STEP 3: Application for Vacation - Submit the completed Right of Way Vacation Application Form, all pages of the signed petition forms, and all required supporting documentation. Applications submitted without all required information will be returned to petitioner with no action. Once Public Works has determined all required information has been provided and is complete, Public Works will file it with the City Clerk, which commences the review process. Five (5) hard copies and an electronic copy, in file formats acceptable to the City, of the following minimum information is required:  Completed petition forms with notarized signatures of 2/3 of adjacent property owners proposed to be vacated. o Petition must contain signatures of property owners on both sides of street, even if only a portion of the Right of Way is sought for vacation. o For property owned by other than an individual, petition must include notarized signatures of two authorized officers. Submittal must also include documentation demonstrating the authorized officer’s authority to bind the entity.  Project description, including: o Dimensions, height, stories, parking, land use and site access for all modes of transportation for both existing and proposed conditions o Site plans, elevations, conceptual building drawings and renderings demonstrating proposed conditions o Description for the reason the vacation is needed, including what the vacation contributes to the property, and the increase in development potential attributable to the vacation o Provision for a “no vacation” alternative, describing what could be built on site without a vacation. Site plans showing a layout with no vacation must be provided and document why it is in the public’s interest to vacate the Right of Way o Proposed development timeline o Project construction value, itemized by AIA specification numbering o Project taxable value  Site Information: o Legal description of street proposed to be vacated, prepared and sealed by a Licensed Surveyor o Site, zoning, overlay and topographical maps, identified site constraints  Project Information: o Development and consultant team contact information o Background information on petitioner proposing vacation o Documentation showing the petitioner has legal authority to initiate the petition o Map of Right of Way proposed for vacation o Description of existing conditions and uses  Land Use Information: o Current Zoning and Comprehensive Plan Land Use designations o Summary of City plans and policies impacted o Identification of land use actions by both the City and other regulatory authorities required to develop the project o Comparison of development with and without the vacation o Urban design analysis of area surrounding the project site that includes a minimum of ½ mile in all directions o Analysis of land use and urban design impacts of development o Analysis of impacts on essential public facilities  Transportation Information: o Current use and design of the Right of Way o Roadway designation, including street type o Analysis of transportation impacts from vacation, for both a build and no build condition, for: ▪ Vehicles ▪ Transit ▪ Bicycle ▪ Pedestrian ▪ Freight  Utilities Information: o Identification of current utilities within the area proposed for vacation o Potential future utilities o Proposed mitigation for impacts to current and future utilities  Historic sites or buildings Information: o Identification of any designated historical site or building within ½ mile in all directions o Proposed mitigation for impacts  Community Engagement Plan: o Preliminary community engagement plan o All comments and feedback received from preliminary community engagement o Full community engagement plan  Vacation Policies: o Public Trust Analysis o Public Benefit Proposal  Environmental Review: o SEPA/NEPA checklist  Previously rejected vacation proposal: o Explanation of altered circumstances since previous rejection  Filing Fee CITY OF FEDERAL WAY RIGHT OF WAY VACATION REQUEST FOR PETITION FORM PROJECT INFORMATION Project Name: ____________________________________________________________________ Short Name of Right of Way to be vacated: _____________________________________________ Pre-application Meeting Date: ___________________ CONTACT INFORMATION Company Name: _________________________________________ Individual Point of Contact: _________________________________ Phone Number: _______________________ Email: ______________________________________ Address: _________________________________________________________________________ GENERAL INFORMATION Street Name requested to be vacated: _________________________________________________ Nearest intersection on each side of requested vacation: (1) _______________________________________________________________________ (2) _______________________________________________________________________ Centerline length of requested vacation: ____________ feet Number of total adjacent property owners between identified intersections: ___________________ REQUIRED ATTACHMENTS  Legal description of Right of Way proposed to be vacated  Map of proposed vacation  Plan for the proposed project  Names and addresses of all property owners adjacent to vacation area, inclusive of the entire Right of Way to the nearest intersections adjacent to the proposed vacation  Initial Community Engagement Plan  Collected community feedback  Proof of Signature Authority (not applicable to a request by an individual) I certify under penalty of perjury that I am the property owner. I certify that to the best of my knowledge, the information submitted is true and correct. I certify that I will comply with all applicable City of Federal Way regulations pertaining to the Right of Way vacation process. I understand that a Right of Way vacation does not remove the owner’s responsibility for compliance with local, state, or federal laws and understand it is my responsibility to obtain all other required permits prior to the commencement of work. I further agree to hold harmless the City of Federal Way as to any claim (including costs, expenses, and attorneys’ fees incu rred in the investigation and defense of such claim), which may be made by any person, including the undersigned, and filed ag ainst the city, but only where such claim arises out of the reliance of the city, including its officers and employees, upon the accuracy of the information supplied to the city by the petitioner. ___________________ ___________________ _______________ _________ Signature Typed Name Title Date CITY OF FEDERAL WAY RIGHT OF WAY VACATION APPLICATION FORM PROJECT INFORMATION Project Name: ____________________________________________________________________ Short Name of Right of Way to be vacated: _____________________________________________ CONTACT INFORMATION Company Name: _________________________________________ Individual Point of Contact: _________________________________ Phone Number: _______________________ Email: ______________________________________ Address: _________________________________________________________________________ GENERAL INFORMATION Street Name requested to be vacated: _________________________________________________ Nearest intersection on each side of requested vacation: (1) _______________________________________________________________________ (2) _______________________________________________________________________ Centerline length of requested vacation: ____________ feet Number of total adjacent property owners between identified intersections: ___________________ Number of adjacent property owners who signed in favor of petition: _________________________ REQUIRED ATTACHMENTS Submit five (5) hard copies and an electronic copy of each of the following:  Completed, notarized, petition forms  Written description of proposed project  Project plans and renderings  Site Information  Project Information and contact information  Land Use Information  Transportation Information  Utilities Information  Historic Sites or Buildings Information  Community Engagement Plan  Public Trust Analysis  Public Benefit Analysis  Environmental Review Information  Alterations from previous application (if applicable)  Filing Fee (Signature Page Follows) PROJECT INFORMATION Project Name: ____________________________________________________________________ Short Name of Right of Way to be vacated: _____________________________________________ I certify under penalty of perjury that I am the property owner. I certify that to the best of my knowledge, the information submitted is true and correct. I certify that I will comply with all applicable City of Federal Way regulations pertaining to the Right of Way vacation process. I understand that a Right of Way vacation does not remove the owner’s responsibility for compliance with local, state, or federal laws and understand it is my responsibility to obtain all other required permits prior to the commencement of work. I further agree to hold harmless the City of Federal Way as to any claim (including costs, expenses, and attorneys’ fees incurred in the investigation and defense of such claim), which may be made by any person, including the undersigned, and filed against the city, but only where such claim arises out of the reliance of the city, including its officers and employees, upon the accuracy of the information supplied to the city by the petitioner. ___________________ ___________________ _______________ _________ Signature Typed Name Title Date STATE OF WASHINGTON ) ) ss. COUNTY OF ____________ ) On this day personally appeared before me ____________________________________, to me known to be the ________________________________ of _______________________ that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation/ limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this ______ day of _______________________, 20__. ______________________________________ ______________________________________ (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires ____________________ CITY OF FEDERAL WAY RIGHT OF WAY VACATION SAMPLE PETITION FORM Owner Name: Address: Parcel No.: The City has received a request from ___________ to vacate a Right of Way in association with __________ project. City Code and State Law governs the process for vacation of a Right of Way and requires a petition of adjacent property owners with support of 2/3s for the vacation process to proceed. If a petition does not receive support from 2/3s of the adjacent property owners the vacation process does not continue. Information related to the vacation request: Street Name requested to be vacated: Nearest intersection on each side of requested vacation: (1) (2) Centerline length of requested vacation: feet Number of total adjacent property owners: I, as the owner identified above:  DO support vacation of the above Right of Way  DO NOT support vacation of the above Right of Way I certify under penalty of perjury that I am the property owner and the information submitted is true and correct. ___________________ ___________________ _______________ _________ Signature Typed Name Title Date ___________________ ___________________ _______________ _________ Signature Typed Name Title Date Corporate: STATE OF WASHINGTON ) ) ss. COUNTY OF ____________) On this day personally appeared before me ______________________, to me known to be the _______________________ of _____________________________________that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this ______ day of ______________________, 20__. Notary’s signature ____________________________________ Notary’s printed name _________________________________ Notary Public in and for the State of Washington. My commission expires__________________ LLC: STATE OF WASHINGTON ) ) ss. COUNTY OF ____________) On this day personally appeared before me ______________________, to me known to be the _______________________ of _____________________________________that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this ______ day of ______________________, 20__. Notary’s signature ____________________________________ Notary’s printed name _________________________________ Notary Public in and for the State of Washington. My commission expires__________________ Individual: STATE OF WASHINGTON ) ) ss. COUNTY OF ____________ ) On this day personally appeared before me, ______________________________________, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this ______ day of ______________________, 20__. Notary’s signature ____________________________________ Notary’s printed name _________________________________ Notary Public in and for the State of Washington. My commission expires__________________ CITY OF FEDERAL WAY ADMINISTRATIVE STREET VACATION POLICIES PUBLIC WORKS DEPARTMENT JULY 2020 1 TABLE OF CONTENTS Introduction…………………………………………………………………………………………………………………………. 2 Public Trust Doctrine……………………………………………………………………………………………………………. 5 Public Trust Analysis…………………………………………………………………………………………………………..... 7 Analysis of Public Benefits of the Vacation…………………………………………………………………………… 17 Process for City Review of Right of Way Vacation Applications……………………………………………. 21 2 INTRODUCTION The City’s existing Right of Way network of improved and unimproved public streets as currently exist and as contemplated in the Comprehensive Plan, City Code, and Development Standards contain the City’s vision for the future transportation network to support residents, businesses, commerce, tourism and more. Right of Way vacations may be initiated in two ways. The first is by a property owner(s) whom desire to acquire the Right of Way adjacent to and abutting their property. This process is called a Right of Way Vacation. To commence a property-owner initiated Right of Way Vacation, the property owner petitions the City in accordance with State law, City Code and this Policy. The second is City initiated through a resolution. Council may initiate Right of Way vacations by resolution only for a public purpose or when extraordinary circumstances prevent following the petition process. If the Council initiates a petition, all other aspects and procedures of State Law, City Code and these policies still apply. To grant a Right of Way Vacation, the City is responsible to ensure that the public’s interest in the transportation network is protected; approves an associated public benefits proposal; and typically receives the property’s fair market value. These policies guide petitioners, City departments, Boards and Commissions, and the public through the City’s process to analyze, review and assess Right of Way vacation petitions. They apply to all Right of Ways whether improved or unimproved. The City’s default position is that unless there are compelling reasons to vacate a Right of Way and it is in the public’s benefit to do so; the City will keep it for future public purposes. PROPERTY OWNER INITIATED RIGHT-OF-WAY VACATIONS IN GENERAL A Right of Way Vacation is a discretionary legislative act by the City Council that relinquishes the public’s right to use the Right of Way. Through a petition, a property owner asks the City, on behalf of the public, to relinquish the public’s right to use a street, alley, or other public Right of Way1 abutting their property. For the purposes of these policies a “Right of Way Vacation” describes vacating any Right of Way over which the public has the right of travel. These policies use the term “street” to refer to all types of public Right of Way including streets, alleys, boulevards, paths, stairways, and public places, whether improved or unimproved. The Revised Code of Washington (RCW) Chapter 35.79 guides the City’s review of Right of Way Vacation petitions. That Chapter assigns responsibility over Right of Way vacation decisions to the Council. FRAMEWORK FOR DECISION-MAKING Right of Ways are different and unique from other types of property. When the City grants a Right of Way Vacation, it is relinquishing the public’s rights to utilize an area and allowing the abutting property owners to take possession and control of the former Right of Way. The City holds Right of Ways in trust on behalf of the public, for public use. Relinquishment, and subsequently restricting public movement through the remaining Right of Way is a significant act. For a Right of Way Vacation petition to be approved, the Council shall determine that to do so would significantly serve the public’s interest. It is the petitioner’s obligation to provide a 1 “Public right of way” is any property where the City has a right to use the land for street purposes, whether improved or not. 3 justification for the vacation, information demonstrating there are no feasible alternatives, and ensure that the remaining transportation network is not negatively impacted. Right of Ways are dedicated in perpetuity for use by the public for travel, transportation of goods, and locating utilities. The dedication carries with it public rights to circulation, access, utilities, light, air, open space, views, free speech, and assembly, and contributes significantly to the form and function of the city. The primary concern of the City in evaluating vacation petitions is to safeguard the public’s present and future needs and to act in the public’s best interest. The Council’s responsibility is to weigh the public trust and land use effects of a vacation, mitigating measures, and the public benefit provided by the vacation to determine if the vacation is in the public’s interest. In balancing these elements of the public interest, the Council places primary importance upon protecting the public trust it holds in the Right of Way. Guidance of this process is based upon the following: Public Trust Doctrine: The City is responsible for holding the rights-of-way in public trust. The components of the public trust form the foundation of the City’s review of vacation petitions and public benefit proposals. Public Trust Analysis: Describes the criteria the City uses to determine whether it is appropriate to vacate a Right of Way. Public Benefit Analysis: Describes the types of public benefits the City expects to see provided in exchange for vacation of a Right of Way. Process for City Review of Right of Way Vacation Petitions: Describes the process the City utilizes to review Right of Way vacations. DISTINCTION BETWEEN RIGHT-OF-WAY VACATIONS AND LAND USE DECISIONS There are no rights under Federal Way Revised Code, the Revised Code of Washington, or elsewhere to acquire or develop within a public Right of Way. To do so, a property owner shall petition for and receive the Council’s approval for a Right of Way Vacation. Under State law, the Council may not approve a Right of Way vacation unless it is in the public’s best interest. The City uses a two-part test to make this determination. First, based on materials submitted by the Petitioner, the City performs a “Public Trust Analysis,” a determination of whether the Right of Way is needed and whether the public interest can be protected if the Right of Way is vacated. Second, also based on materials submitted by the Petitioner, the City undertakes a “Public Benefit Analysis,” assessing the petitioner’s proposal to provide benefits to the public. Established plans, policies, and standards guide this review. The City will not support vacations that conflict with City planning goals. However, land use policies and codes do not bind the Council’s decision to grant or deny a Right of Way vacation petition. The Council may condition or deny vacations as it deems necessary to protect the public’s interest. In land use decisions, the Council’s role is administrative. The Council sets policies in the form of zoning and land use codes, development standards, and environmental policies and regulations, while the decision authority has been delegated to various staff or the Hearing Examiner. Under state law, Right of Way Vacation decisions must be made by the Council. The Council cannot delegate that authority. Unless the Council approves a Right of Way vacation, property owners have no right to use or occupy the Right of Way, if not otherwise permitted by the Public Works 4 Department. The Council typically makes its approval of a vacation conditional on the petitioner meeting a number of requirements. In addition to reviewing the vacation petition under these policies, a development proposal that requires a vacation may also undergo one or more of the following reviews: • Land use and zoning review, including review of re-zones; • Design review and other discretionary land use actions; • State Environmental Policy Act (SEPA); • Transportation modal plans; • Right of Way Permit; or • Engineering review. These reviews may result in additional conditions applied in the Right of Way vacation review. Petitioners are required to obtain all necessary land use and building permits before developing the site. 5 1) PUBLIC TRUST DOCTRINE City Right of Ways are held in trust for the public, meaning the City is the trustee and guardian of the Right of Way, not an underlying property owner. The Council may approve vacations only when they are in the public’s interest. Right of Ways will be retained unless it can be shown that they are not needed for a current or foreseeable public use, there is no negative impacts to the remaining transportation network, and the Council is assured that the vacation is in the public interest. Documentation is required from the Petitioner to demonstrate each of the following areas is maintained with the proposed vacation. a) CIRCULATION Right of Ways enable the movement of people, goods, and vehicles through the city as part of a transportation network. If a part of the network is removed, there may be rippling effects throughout. The City will only vacate a Right of Way if doing so does not result in negative effects or displacement of trips onto the remaining network; disrupt the movement of people, goods, and vehicles through the city; and it is consistent with the City’s transportation plans. b) ACCESS Right of Ways provide access to abutting property from the surrounding community and to the surrounding community from private property. Improved rights-of ways or streets are designed to provide access via a range of transportation modes, including walking, bicycling, riding transit, and driving. The City will only vacate a Right of Way if doing so does not result in negative effects on the current or future needs of the City’s vehicular, bicycle, or pedestrian circulation systems, or on access to private property. c) UTILITIES City and private utilities use Right of Ways to serve the community and their customers. The City will only vacate a Right of Way when all utilities using or potentially using the Right of Way can be adequately protected with easements, relocations, or utility corridors satisfactory to the utilities’ owners. Future potential utilities are required to be accommodated. d) FREE SPEECH The public has traditionally had the right and ability to use Right of Ways to exercise constitutional rights under the First Amendment. The City will only vacate a Right of Way when offsetting publicly-accessible spaces on the site will be kept open for the same speech-related purposes. e) PUBLIC ASSEMBLY Right of Ways act as places for people to gather, to meet their neighbors, for children to play, and for all segments of society to interact. This role of the Right of Way can be particularly important for people who have the fewest resources. The City will only vacate a Right of Way when the Petitioner demonstrates that the remaining Right of Way network provides the same level of service to the surrounding properties. f) OPEN SPACE In addition to providing space for people to gather, interact, and travel, Right of Ways offer open space benefits. This includes space between structures, connections to the community 6 surroundings, places for trees and vegetation, and contributions to the open space network. The City will only vacate a Right of Way when the Petitioner demonstrates that any development will have a similar resulting function. g) LIGHT AND AIR Right of Ways maintain access to light and air to their users and surrounding properties. The City will consider loss of light and air, and shadow impacts in considering whether to approve a Right of Way vacation. Of particular importance are shadow impacts on nearby spaces where public may gather. h) VIEWS Right of Ways provide views to mountains, bodies of water, and the city itself. The City will consider feedback from impacted property owners, the impacts on views of and from public places, and views of the natural landscape. i) LAND USE AND URBAN FORM The Right of Way plays a significant role in the shape of the city. The City will consider the relationship between the intended character of the area as described in the Comprehensive Plan and adopted neighborhood, subarea, or community plans. The width and spacing of streets, the presence and absence of connector streets, and the location and path of boulevards, pedestrian trails, and other linear open spaces have significant impacts on neighborhoods and how they function. The City will consider impacts that disrupt an existing pattern of development in a neighborhood or area. 7 2) PUBLIC TRUST ANALYSIS This section describes the components of the City’s analysis in reviewing petitions under the public trust doctrine. In reviewing a vacation petition, the City evaluates the impacts of a vacation on the public trust, mitigating measures, and public benefits proposed by the petitioner to determine if the vacation is in the public interest. In balancing these elements of the public interest, the City will place primary importance on protecting the public trust. Right of Ways are dedicated in perpetuity for public travel and the movement of goods. The designation of a Right of Way carries with it rights to circulation, access, utilities, public speech, public use, open space, light, air, views, land use, and urban form. City government acts as the public’s trustee in managing the uses within the Right of Way. The City has an interest in protecting the rights of those with the least access to other resources and those most likely to be harmed by development. In that endeavor, the primary concern of the City in vacation decisions is to safeguard the public’s present and future needs. Existing and potential future uses of the Right of Way, whether improved or unimproved, will be identified during the vacation petition review All or a portion of the Right of Way may be retained for public purposes, including potential future needs that are unknown at the time of review. The City will consider the impacts of a vacation on the immediately surrounding neighborhood, the broader city and, when appropriate, the region. The larger the project, the more the City’s focus will be on broader community impacts, particularly impacts on communities with the least access to opportunity and most likely to experience the negative resulting impacts. When several vacations are proposed for a particular area of the City by one or multiple petitioners, City staff or Council may request that a comprehensive review be undertaken to determine the cumulative effects of the vacations, particularly on circulation, access, land use and urban form, and impacts to the overall city transportation network. City reviewers shall consider the impacts on the larger transportation system, and impacts on the loss of the Right of Way proposed for vacation. The requirements for a Right of Way Vacation petition is not limited to documents prepared for other aspects of the project under review. To fully assess the impacts of a vacation on the public trust, City departments, boards and commissions, and the Council may ask petitioners for additional information regarding impacts. a) CIRCULATION Right of Ways provide necessary space for the movement of people and vehicles. Vacations may be approved only if they do not result in negative effects on the current and future needs for the City’s vehicular, bicycle, or pedestrian circulation systems unless the negative effects are fully mitigated by the petitioner. When the traffic functions of a street are necessary for the transportation network, the City will not grant the vacation. Arterial streets, truck routes, and truck streets may be vacated only when an alternative circulation route is substituted and impacts of the loss of the street are mitigated. The City will not approve vacations that: i) Propose agreements for public vehicular travel across private property to offset impacts; ii) Result in diverting truck or commercial traffic to nearby residential streets; iii) May encourage traffic code violations, such as backing out from an alley onto a street; 8 iv) Result in a measurable reduction to the functionality or capacity of arterials or collector streets, as defined by the City’s Comprehensive Plan, that cannot be mitigated to a level of no impact; v) Result in increase response times for emergency responders; vi) Result in non-conformance with City block length standards, or where block perimeter standards are not met prior to vacation, any Right of Way vacation which results in an increase in non-conformance block length; vii) Result in an increase in vehicle or pedestrian trips on surrounding existing streets as a result of the vacation of the Right of Way; viii) Result in partial vacation of a Right of Way where the remaining Right of Way width is less than that required in the Comprehensive Plan; or which creates a Right of Way island, where the remainder is not connected or feasibly utilized for the transportation network. Transit facilities and routes will be protected through the Right of Way Vacation process. Right of Ways that are used by public transit agencies will be considered for vacation only after review and comment by those agencies and identification of alternative locations or routes for those transit functions. Pedestrian circulation shall be protected when approving a vacation. Formal and informal pedestrian routes, may be vacated only for public purposes, such as parks. Pedestrian circulation functions of the Right of Way may be replaced by a pedestrian route across private property only when: ix) A major public benefit, as approved by City Council, is provided; x) A perpetual agreement for public access across the property is reached; xi) The public access to be provided is comparable in terms of safety, convenience, and directness; and xii) The free speech functions of the Right of Way will be maintained in public spaces. Alleys and paths that are part of the pedestrian circulation system, may be vacated only when comparable public pedestrian circulation is provided and the pedestrian environment along the corridor is improved. Similarly, vacations resulting in a reduction of sidewalk width may be vacated only when provisions are made to otherwise accommodate the pedestrian traffic. Right of Way vacations that include unimproved pedestrian trails may be approved only when the public pedestrian function is protected. The continuity and integrity of existing and planned bicycle paths and bicycle lanes, will be protected. Such streets and off-street pathways may be vacated only when a comparable or better bicycle Right of Way is provided as part of the vacation. Bicycle access shall be comparable in terms of safety, convenience, and directness. If a vacation is granted, the Council may impose conditions on the vacation to reduce impacts on vehicular, transit, freight, pedestrian, and bicycle circulation. Such conditions may be in addition to any conditions resulting from environmental review or land use regulation. b) ACCESS Right of Way Vacation petitions may be approved only if access is retained to properties on the block where the Right of Way is located and to properties on neighboring blocks or streets, or through dedication and improvements by the Petitioner so an equal level of access is provided. If the number of curb cuts along a street frontage is likely to be increased due to the petition, the vacation will not be approved. 9 If there is public parking on the Right of Way proposed to be vacated, the City will analyze if the Petitioner’s proposal for mitigation meets or exceeds the currently available parking. Only petitions that improve parking availability and ease of use will be approved. If a vacation is granted, the Council may impose conditions on the vacation to reduce impacts on vehicular, freight, pedestrian, and bicycle access. The conditions may be in addition to any conditions resulting from environmental or land use review and analysis. c) UTILITIES Right of Ways that contain or are needed for current or future utility lines or facilities may be vacated only when the utility can be adequately protected with an easement, relocation, fee ownership, or similar agreement satisfactory to the utility owner and the Petitioner has obtained and provided the consent of all utilities. Public Right of Way provide utilities with corridors for the efficient transportation of people and goods, collection of solid waste, and delivery of utility services to the public in the least costly manner possible. Utilities generally assess vacation petitions from an operational perspective to ensure that a vacation will not impair current service reliability and capacity levels, nor limit the ability to expand services in the future. The growth of telecommunications utilities above and below ground, increased urban densities, and demand for undergrounding of utility facilities all place pressure on the value of public rights-of-way, for future utility needs. Utilities will be given an opportunity to review the proposed vacation, to identify existing and future interests in the Right of Way, and to indicate what actions are necessary to protect their interests and the interests of their customers. The petitioner is responsible for working with the utilities to identify and address any utility issues. The petitioner shall ensure that each utility will be in a similar position as before the vacation without detriment to current or future utility services. If utility easements are required to maintain service, the easements shall state the rights and responsibilities of each party. Utilities may prohibit constructing buildings, structures, grading and filing, and other uses over or under their easements where the activities would inhibit operation of or prevent access to the utility facilities for maintenance and repair, cause extra cost or liability to the utility, or affect the safety and integrity of the utility. Any costs for the repair of damages to the improvements placed on or over the utility easement by the property owner due to the utility maintenance repair or installation will be the express responsibility of property owner. The Council may impose conditions on vacations to assure continued service to the public in the most efficient and least costly manner. d) FREE SPEECH Courts have recognized the role of Right of Way as spaces for public speech and dialogue. The City will consider the potential loss of free speech activities when reviewing Right of Way Vacations and will not vacate a public place if the loss of the public speech function cannot be adequately mitigated. Right of Ways are dedicated for public use and enjoyment. Vacations that solely result in the private regulation of access to public property shall not be granted. Vacations are not considered a solution to security problems and shall not normally be approved for this reason absent extraordinary circumstances. 10 The Council may impose conditions on vacations to preserve the public’s right to free speech, particularly within any privately-owned public space offered as a public benefit in exchange for a Right of Way vacation. e) PUBLIC ASSEMBLY Right of Ways have always served as a place of public assembly. The City will consider the importance and impact of the request on the community. Right of Ways that are adjacent to public uses will be particularly scrutinized to ensure that the public’s right to congregate will not be impaired. The City may impose conditions on vacations to maintain the public’s right to assembly, particularly within any privately-owned public space offered as a public benefit in exchange for a Right of Way Vacation. f) OPEN SPACE The open space opportunities provided by Right of Ways are important resources that contribute to quality of life and become more valuable as the City becomes more densely developed. The contribution of this function to the public’s existing and future quality of life is an important consideration when reviewing each proposed vacation. The open space functions provided by the Right of Way will be identified and the effects of their loss will be analyzed. When the City determines that the open space function provided by a Right of Way shall be retained, the Right of Way may be vacated only if the open space functions can be retained or replaced by dedicating to the City other comparable Right of Way or by providing other publicly- accessible property. The impact of development associated with Right of Way Vacations on open space and pedestrian amenities shall be limited. The analysis of the open space functions of Right of Ways will consider the impact of the proposed vacation on: i) The contribution of the Right of Way to open space areas; ii) Use of the Right of Way as a space for play and recreation; iii) The role of the Right of Way as an area of neighborhood focus and activity, and iv) Privacy impacts resulting from the Right of Way open space being occupied by a proposed structure. The City will only approve vacation requests of undeveloped Right of Ways used by the community as open space to facilitate development when the proposed mitigation exceeds the existing conditions. Existing and proposed urban trails, public paths, other rights-of-way connecting parks and open spaces, or streets connecting the community with parks, schools, shorelines, or other public facilities will not be vacated unless the Right of Way is exchanged for other land that provides better pedestrian or bicycle pathways resulting in improved open space function. The Council may impose conditions on vacations to mitigate any potential negative effects of the vacation on the open space functions of the Right of Way. g) LIGHT AND AIR 11 The light and air opportunities provided by the Right of Way are important resources that contribute to quality of life and public health and becomes more valuable as the City becomes more densely developed. The contribution to the public’s existing and future quality of life is a consideration in each proposed vacation. The analysis of the light and air functions of Right of Ways will consider the impact of the proposed vacation upon the access to sun, light, and air circulation provided to pedestrians, bicyclists, vehicle occupants, and abutting properties. The analysis will include the potential shadow impacts of the increase in development potential directly attributable to the vacation on nearby public parks and public open spaces. Any potential impacts of the vacation on light and air will be compared with similar impacts that would result from development without the vacation. Vacations generally shall not be approved if the development proposed as part of the vacation request would result in additional shadowing of parks or other public spaces. The Council may impose conditions on a vacation to reduce shadow impacts. h) VIEWS The views provided along Right of Ways are important resources that contribute to the public’s quality of life. Views are of particular value to members of the public that do not have private views. The contribution of this function to the public’s existing and future quality of life will be a consideration in reviewing vacations. Within the City Center, as identified within the City’s Comprehensive Plan, Right of Ways shall not be vacated except when conditions are placed on the vacation to ensure public views are preserved. Right of Ways shall not be vacated unless the Petitioner ensures that the areas above the former Right of Way remains open to the sky and to protect views from uphill public spaces. Public views worthy of protection include, but are not limited to views: i) From public streets, public open spaces, or public places; ii) From a substantial number of residences or properties abutting the Right of Way proposed to be vacated, iii) Of important natural features, such as mountains, waterbodies, and public greenbelts; and iv) Of designated landmarks and points of cultural or civic interest. Potential view impacts from a vacation will be identified and compared with a no vacation alternative. The quality of impacted views will be considered when evaluating each proposed Right of Way vacation. The Council may impose conditions, including height limitations on development, on vacations to mitigate any potential negative effects of the vacation on the view functions of the Right of Way. i) LAND USE AND URBAN FORM Vacations affect the land use and development patterns in an area by adding to the developable land base, altering the local land division pattern, changing vehicular and pedestrian movement patterns, and increasing the development potential on the vacated and abutting properties. 12 Typically, Right of Way Vacation petitions are intended to facilitate a development project. Petitioners shall provide the City with information about the completed project’s density and the development potential of the property without a vacation. The information shall be provided as the percentage increase in the development potential and the additional square footage added to the project. Petitioners shall provide the City with information on how the project advances City planning goals, how it relates to City Comprehensive Plan, and how the project meets the zoning criteria where the project is located. A vacation petition may be approved only when the increase in development potential that is attributable to the vacation would be consistent with the Comprehensive Plan. The criteria considered for making individual vacation decisions will vary with the plans, policies, and regulations for the area where the Right of Way is located. The Council may place conditions on a vacation to mitigate negative land use effects. Vacations may be approved only when the remaining Right of Way network meets the maximum block perimeter requirements, or in areas where the block perimeter requirements are not met prior to the vacation petition there is no increase in non-conformance. i) Land Use Considerations To determine if the land use and urban form effects of a vacation are in the public interest, the following factors will be considered: (1) The long- and short-term effects of the changes in development potential attributable to the vacation on the circulation, access, utility, light, air, open space, and view functions of nearby streets and public places; (2) The consistency of land use changes with the Comprehensive Plan, particularly in the land use, transportation, and neighborhood elements of the plan; (3) The compatibility of the size, scale, and character of potential development with the size, scale, and character of existing development in the area and development as provided for by the Land Use Code, given typical lot sizes and configurations; (4) The compatibility of the size, scale, and character of the blocks formed by the vacation when compared with the size, scale, and character of existing blocks in the area and goals for pedestrian connectivity and circulation; and (5) The post-vacation lot size and configuration compared with surrounding properties and with the local pattern of land division and organization. In areas where streets provide an edge or boundary between zones or areas of different scale and character, the Right of Way may be vacated only when a suitable alternative boundary buffer can be achieved with the proposed vacation. In addition to the general Right of Way vacation policies and guidelines, Comprehensive Plan policies for the area and the relationship between the proposed vacation to other City plans and policies such as transportation modal plans will be used to determine if the land use changes of each vacation are in the public interest. ii) Area-specific review 13 Guidelines related to specific areas are provided below. They shall be used to supplement the general provisions and guidelines of these policies and other policies for protecting the public interest. (1) Urban Centers and Urban Villages In addition to other guidance regarding specific land uses described below, for Urban Centers and Urban Villages the policies of adopted neighborhood plans will be considered, as appropriate. (2) Manufacturing/Industrial Centers Many Right of Ways in or adjacent to Manufacturing/Industrial Centers provide transportation for freight transport, loading, and delivery. Impacts on truck routes, intersections, and access points as a result of Right of Way vacations may impact supply chains that serve areas outside the immediate area of vacation. The capacity and functionality of these critical corridors will be preserved. (3) Single-family areas Right of Ways in single-family areas provide a number of public benefits including providing for consistency in the pattern and scale of development and providing important open space in a neighborhood. Except as noted below, Right of Ways in single-family areas shall be retained as these areas may be needed to provide for public uses, such as utility corridors that cannot be currently identified or anticipated. Petitions for vacations in single-family areas shall be reviewed by the same criteria as applied to other vacation petitions, including the requirement that the vacation provide a long- term benefit to the public. Clustered housing and other planned housing developments or innovative housing initiatives in single-family-zoned areas shall be reviewed based on the criteria established for the review of multifamily areas. (4) Multi-family areas In general, Right of Ways in multifamily areas will be retained to aid in vehicular, bicycle, and pedestrian circulation and neighborhood access. Petitions will be reviewed for potential impact on neighborhood traffic volumes, associated noise, and access. (5) Commercial, mixed-use, and City Center areas In general, Right of Ways in commercial, mixed-use, and City Center areas will be preserved to facilitate moving goods and people and maintain access to property that is separate from pedestrian routes. In general, these Right of Ways will be retained unless it can be demonstrated that the vacation meets another important public purpose without jeopardizing the area’s functioning and its compatibility with surrounding areas. A vacation must preserve access to off-street loading and parking areas and the continuity of street fronts, particularly in areas with pedestrian activity. (6) Shoreline overlay districts Vacation of a Right of Way that abuts a waterbody is regulated by RCW 35.79.035. (a) The City will consider vacating Right of Ways that abut a salt or fresh waterbody only if the vacation is sought to enable the City to acquire the property for beach or water access purposes, boat moorage or launching sites, park purposes (including 14 open space preservation), public view, recreational purposes, water-dependent or water-related educational or interpretive purposes, water quality improvement purposes, or other water- dependent or water-related public uses. (b) To preserve future public access opportunities, the option of leasing Right of Way ends, as permitted in RCW 35.23.410, shall be explored as an alternative to vacation. (c) Vacations of public Right of Way abutting any waterbody may be approved only when comparable or improved public access is provided. Providing new public access shall not be considered a public benefit for the purposes of these policies. (d) Right of Way that is needed for vehicular access to the water may be vacated only when comparable access will be provided. (e) If upland Right of Way is needed for public access to waterfront Right of Way or other public access to the water, it may be vacated only when comparable or better public access is provided. (7) Environmentally critical areas Right of Ways in geologic hazard areas and steep slope erosion hazard areas, wetlands, flood plains, fish and wildlife habitat conservation areas, or other critical areas shall generally be retained to reduce development intensity in environmentally critical areas and to protect public health, safety, and welfare. iii) Land use conditions on vacations The Council may place conditions on vacations to guard against the negative land use effects of additional development potential attributable to the vacation and to ensure that policy objectives are met, as follows: (1) The conditions will be related to the identified negative effects attributable to the vacation. (2) Land use conditions will be stated in terms of development parameters, such as floor area maximums or building envelopes that may not be surpassed and will generally run with the land. (3) Land use conditions imposed on a vacation do not preclude related project conditions being imposed under SEPA. If a vacation-related proposal is subject to SEPA review, the review may reveal the need for SEPA conditioning that reduces the upper limits placed on the vacation. (4) Land use conditions imposed on a vacation, in addition to conditions applied pursuant to the Land Use Code, SEPA, the Building Code and other City codes, will be relied on to regulate post-vacation development. (5) Approval of a Right of Way vacation is not City approval of the development project for the site and shall not relieve the petitioner of obtaining all necessary land use approvals, building permits, Right of Way use permits, or other City approvals before developing the site. j) OTHER CONSIDERATIONS IN PUBLIC TRUST ANALYSIS i) Undeveloped Right of Ways 15 Vacation of undeveloped Right of Way sections will generally be discouraged to: (1) Retain the existing pattern of extra setbacks and open space in residential neighborhoods; (2) Provide opportunities for pedestrian and bicycle amenities and connections; (3) Preserve opportunities for utility connections; (4) Maintain areas of natural scenery along view streets and boulevards; (5) Provide a buffer between land uses and zoning districts; and (6) Provide continuity of wildlife habitat corridors. ii) Subsurface Vacations Subsurface Right of Way vacations may be approved only when protection against future impairment of the street’s surface is assured, current and future utility functions are provided for, and the City is adequately protected from potential liability from failure of the surface and any other retained segment below grade due to problems with the underlying structure. A subsurface vacation shall maintain or improve all current and planned functions of the Right of Way and shall not increase traffic impacts on surrounding Right of Way. Subsurface vacations shall consider future use of the subsurface portions of the Right of Way for future utility needs and future transportation needs. A subsurface vacation shall, at a minimum, be deep enough to provide space for a utility corridor large enough to accommodate all utilities currently serving the area and potential future utility needs. The Council may require that a project including a subsurface vacation provide a utility corridor or other mitigation of impacts on potential future utility needs. The subsurface vacation shall be designed so that there will be no impact to the public nature and the surface functions of the Right of Way. iii) Aerial vacations Aerial vacations will be considered only in limited circumstances. Aerial portions of the Right of Way are an important resource providing light, air, open space, and consistency in the development pattern. These aerial portions are an important public trust function of the Right of Way. Aerial vacations will be considered only as follows: (1) For the development or expansion of public facilities, public institutions, or non-profit institutions, the petitioner shall demonstrate to the satisfaction of the Council that no feasible development alternative exists; and (2) That neither a Right of Way lease or subsurface vacation can adequately meet the needs of the petitioner. Petition review shall include specific review of the impacts of the proposed aerial structure, including addressing items as the design of the structure and its dimensions, transparency, material quality, the scale of the project including the aerial portion, and the impact on the streetscape below the structure. The public trust functions of light, air, open space, and views will be carefully reviewed for aerial vacations. The Council shall require mitigation specific to the urban design impacts of the aerial structure. 16 iv) Trade or exchange of property The review of any vacation may consider the opportunity for exchange of property. Any proposed property exchange shall identify property the City is willing to accept. The Petitioner shall be responsible for providing, as needed, title insurance, environmental site assessment and environmental remediation, deeds in a form acceptable to the City, and filing and recording fees or escrow. Additionally, the petitioner shall be responsible for any taxes resulting from the transfer. Exchanges may be considered when the property: (1) Would be useful to mitigate or enhance the various aspects identified in the property proposed to be vacated, such as exchanging a vacation for a street conforming to the ultimate built condition in the Comprehensive Plan; (2) Would result in better circulation and access than is provided for by the current street grid, by aligning misaligned streets; (3) Would exchange property identified as open space for property that would create a contiguous open space parcel; or (4) Would shift development from property identified as open space to a property with less environmental impact. v) Alternatives to vacation When reviewing the petitioner’s indicated use of the property, the City may consider the practicality of issuing Right of Way use permits to provide for temporary uses. In circumstances where a Right of Ways use permit can accommodate the uses indicated by the petitioner, a permit is preferred and a vacation will not be granted. A Right of Way use permit as an alternative to a Right of Way vacation may be issued under the following conditions: (1) The private use of an undeveloped Right of Way does not hinder the achievement of any identified objectives; (2) Private landscaping or gardening of undeveloped Right of Way may be allowed with a Right of Way use permit, provided that public pedestrian access and circulation and access to shoreline areas are retained; and 3) Street corridor views are not obstructed. 17 4) ANALYSIS OF PUBLIC BENEFITS OF THE VACATION a) PUBLIC BENEFIT REQUIREMENT A vacation shall include a commitment to provide public benefits. The concept of providing a public benefit is derived from the public nature of Right of Ways. Right of Ways, whether improved or unimproved, provide important benefits to the public. Among the various benefits are preserving the street grid that provides for consistency in the development pattern and influences the scale and orientation of buildings. These benefits are in addition to the public functions provided by Right of Ways, including: i) Moving people and goods in vehicles, on foot, or by bicycle; and providing for current and future utility services, and for street trees and other amenities. ii) The City acts as a trustee for the public in its administration of Right of Ways. Courts have required that in each vacation there shall be an element of public use or benefit, and a vacation cannot be granted solely for a private use or benefit. Therefore, before this public asset can be vacated, there shall be a permanent, long-term, benefit to the public. iii) The fact that these benefits are provided equally to all members of the public may be most important to those who have the least. To best address the needs of the community, a strong focus on social equity is important in assessing the public benefits included as part of a Right of Way vacation petition. iv) Proposed vacations may be approved only when they provide a permanent, long-term, public benefit. Because the public permanently loses the Right of Way, short-term public benefits or public benefits that solely benefit individuals will not be considered. The following are not considered public benefits: (1) Mitigating the vacation’s adverse effects; (2) Meeting code requirements for development; (3) Paying the required vacation fee; (4) Facilitating economic activity; or (5) Providing a public, governmental, or educational service. While the nature of the project is a factor in deciding the adequacy of a public benefit proposal, it is not itself a public benefit. Consequently, the public benefit shall exceed elements required by City Code or mitigation required under SEPA or other regulations and is in addition to Right of Way vacation fees and other obligations. The petitioner’s public benefit proposal shall recognize the loss of the benefits provided by the Right of Way to the public and the gains received by the petitioner. The public benefit proposal should also consider the comments, ideas, and concerns voiced by the public in the early community engagement process. The public benefit analysis should balance what the public loses through the vacation with what the public will gain from the project. The comparison is intended to be an element of evaluating a public benefit proposal. The public benefit should not merely be compensatory and should provide a benefit to the public. In particular, public benefits that address the needs of those members of the public most vulnerable to the negative impacts of development. The proposal to provide a public benefit does not entitle a petitioner to a vacation; the decision whether to grant a vacation is based on a holistic review of all elements in these policies. The 18 petitioner shall provide objective information about the public benefit proposal, such as budget, dimensions, materials, and other relevant facts. The public benefit proposal shall include a table or chart that details the public benefit elements, the cost/budget, timing of implementing the public benefit elements, whether the elements are required by code, and additional information as requested by the City. As part of the petition process, the petitioner shall provide information to the City regarding the public benefit proposal. The City will assist the petitioner in refining and developing the public benefit proposal. The Council will make the final determination as to whether the public benefit package is acceptable. Several factors will be considered in identifying whether a public benefit package is sufficient, including the: • Zoning designation; • Street classification of the Right of Way to be vacated; • Traffic volumes on the street proposed to be vacated; • Designation of the street in transportation modal plans and functions of the street in modal networks; • Square footage of the project; • Square footage of the area to be vacated; • Vacated area’s contribution to the site’s development potential, including the percentage increase of the project and additional square feet; and • Cumulative impacts of vacations in the area. The following factors are not public benefits, but may be considered when reviewing the public benefit package: • Project compliance with City policies, goals, and the Comprehensive Plan; • Proposals designed to improve race and social equity, improve access to opportunity, and reduce the threat of displacement by providing quality jobs or education to communities with low access to opportunity or increasing the supply of affordable housing beyond City requirements; • Addressing the effects of the vacation on vulnerable low-income populations; • Providing affordable or special needs housing, job training, or other human services; • The public nature of the project; • Ideas resulting from the early community engagement process; • Neighborhood support or opposition; • Broad-based community support or opposition; • Support or opposition from non-governmental organizations or other government entities; • Agreements with non-governmental organizations or community-based organizations to provide benefits beyond those proposed for the Right of Way vacation; 19 • Protecting landmarks and other historic/community resources; and • Protecting environmentally sensitive lands. b) PUBLIC BENEFITS IDENTIFIED Public benefit proposals may be informed by needs and ideas identified through community engagement. Public benefits may include, but are not limited to: i) Physical public benefits The City may accept a commitment to provide and maintain physical benefits that serve the public, including but not limited to: (1) Creating or enhancing publicly-accessible plazas, open spaces, or other green spaces; (2) Streetscape enhancements beyond those required by codes such as widened sidewalks, stairways, additional street trees or landscaping, street furniture, pedestrian lighting, wayfinding, art, or fountains; (3) Public art; (4) Enhancing the pedestrian or bicycle environment; (5) Pedestrian trails, accessible public routes providing access through the site, and improvements to existing public stairs; (6) Spaces that support City goals for social equity; (7) Bicycle paths, protected bike lanes, or cycle tracks; (8) Other improvements to the pedestrian or bicycle environment, such as intersection safety improvements; (9) View easements or corridors; (10) Preserving landmark buildings or other community resources; or (11) Implementing an element from a City adopted Neighborhood Plan or other City adopted plans. ii) Programmatic public benefits The City may accept a long-term or permanent commitment to undertake a program to address systemic inequities as a public benefit. The City will not accept a short-term proposal or a proposal to fund an existing program. The City will look for a long-term commitment to the program and may impose conditions on the proposed public benefit to ensure that the long-term nature of the benefit is ensured. iii) Real Property The City may accept real property as a public benefit. The property proposed to be conveyed must be property the City is willing to accept. The petitioner is responsible for any costs associated with the conveyance including appraisals, title work, environmental site assessment and remediation, deeds or other document production, taxes on the transaction, or other expenses related to the conveyance of real property, including environmental remediation. Where other conditions or specific mitigations require dedication of land, such dedication is a mitigation of impacts and will not constitute a public benefit. 20 iv) Payment of Funds Where the City has an identified project on its Transportation Improvement Plan that would provide an equal or above public benefit and the Petition has demonstrated to the City’s satisfaction that it is not practicable to provide or develop public benefits such as those listed above, at the City’s sole discretion, it may accept the payment of in-lieu funds for the identified project provided the project can be constructed in a City determined reasonable time frame concurrent with the Petitioner’s proposal to provide the public benefit. A payment to meet public benefit obligations does not substitute for paying the required Right of Way vacation fee or meeting any other policy requirements. 21 5) PROCESS FOR CITY REVIEW OF RIGHT OF WAY VACATION APPLICATIONS a) GOALS/INTENT OF PROCESS Depending on the complexity and completeness of the Petitioner’s application, a Right of Way vacation review process can be lengthy and complicated. While City Council is the ultimate decision-maker, the Council looks to City departments and the Land Use and Transportation Committee to provide a thorough review and analysis of a petition based on City Code, City Policies, and the interests of the public. Review timeframes of a Right of Way vacation petition largely rely on the timeliness and responsiveness of the petitioner to requests for information and comments. This section is to provide transparency and predictability for petitioners, the public, and City departments. b) PETITIONERS RCW Chapter 35.79, restricts petitions for Right of Way vacations to “owners of an interest in any real estate abutting upon any street or alley.” A petition shall be filed first with the Public Works Department and subsequently with the City Clerk in accordance with the requirements of this section. If the petition contains all required information and is signed by the owners of two- thirds of the property owners adjacent to the Right of Way to be vacated, the City will proceed with analyzing the petition. The Council may also initiate a Right of Way vacation process through a resolution. City Council will initiate Right of Way vacations by resolution only for a public purpose or when extraordinary circumstances prevent following the petition process. If the Council initiates a petition, all other aspects of these policies, including protecting the public trust and the requirements for providing a public benefit still apply. c) PRE-PETITION ACTIVITIES In preparing to file a petition for a Right of Way vacation, consult with Public Works staff on the feasibility of the petition. A meeting to discuss feasibility with City staff and other interested agencies, utilities with facilities or jurisdiction will be held. Prior to submitting a vacation petition, the petitioner is required to: i) Prepare a community engagement plan. The Right of Way vacation petition shall include a community engagement plan and a report on early community engagement; ii) Conduct early community engagement according to the community engagement plan; iii) Present the vacation at a regularly scheduled meeting of the Land Use and Transportation Committee; and, iv) If the project is a Capital Improvement Project brought by the City or any other public agency, present an evaluation of vacation and no-vacation alternatives. d) REQUIRED COMPONENTS OF THE PETITION Petitions shall be submitted to Public Works through the City’s Permit Center with all required supporting documentation. Petitions submitted with incomplete or missing required information will be returned to the petitioner with no action. Once the petition is determined to be complete, Public Works will file the petition with the City Clerk, which begins the formal review of the petition. 22 Petitions shall, at a minimum, include the following: i) Site information: (1) Identification of the Right of Way proposed for vacation, including a legal description and, if Public Works determines it is necessary, survey and title work; (2) Site and topographical maps; and (3) Signatures of the owners of more than two-thirds of the property abutting the Right of Way proposed for vacation. ii) Project information: (1) Information identifying the development team; and (2) Location and description of the project proposed for the site, including preliminary project site plans. iii) Land use information: (1) Current zoning and Comprehensive Plan land use designation; (2) A summary of current applicable City plans and policies, including Comprehensive Plan policies; (3) Identification of any land use actions required to develop the project and a report on the status of each of those reviews; (4) A comparison of development of the site with and without a Right of Way vacation; (5) An urban design analysis of the area surrounding the project site that includes ½ mile area surrounding the vacation; (6) An analysis of the land use and urban design impacts of development; and, (7) An analysis of the impacts of the vacation on existing essential public facilities; iv) Transportation information: (1) Information regarding the Right of Way to be vacated, including the current use and design of the street; (2) Designation of the street, including street type; (3) Analysis of the transportation impacts of any loss of Right of Way, including impacts to transit, freight, pedestrian, and bicycle circulation and access; and (4) Analysis demonstrating the capacity of the transportation network with and without the vacation and identifying mitigation measures, if necessary, to mitigate any reduction in vehicular, pedestrian and bike capacity. v) Utility information: (1) Identification of all utilities in the Right of Way. vi) Historic sites or buildings: (1) If the Right of Way vacation would include or would be adjacent to a historic landmark or site, identify any historic resources and provide a determination of completeness for an application for a certificate of approval from the relevant board. 23 vii) Community engagement: (1) The community engagement plan and a report on all community engagement completed to date, including a report on comments from the public and how the petition responds to those comments; (2) If the project is in an urban center, urban village, or other area covered by a neighborhood plan, the goals and policies from the neighborhood plan; and (3) If the project is in or adjacent to a zoned Manufacturing or Industrial Land Use, the goals and related policies from the Comprehensive Plan, and input from businesses and public agencies that may be impacted by the vacation. viii) Right of Way vacation policies: (1) A preliminary outline on how the vacation meets or addresses the Right of Way vacation policies; and (2) A preliminary public benefit proposal. ix) Environmental review: (1) If environmental review is required for the project, a SEPA checklist. x) Appraisal: (1) An appraisal report of the area requested to be vacated, completed by a certified appraiser. xi) Previously rejected Right of Way vacations: (1) If the Council has previously rejected a Right of Way vacation petition for part or all of the Right of Way proposed to be vacated, the new petition should explain how circumstances have changed since the previous Council vote. xii) Filing fee (1) A filing fee shall be paid pursuant to the current adopted fee schedule. e) REVIEW PROCESS There are two stages to the Right of Way vacation review: public trust analysis and public benefit analysis. The following steps will provide for review of a Right of Way vacation petition. Each step may be iterative and may take multiple rounds of review depending on the complexity of the project or the quality of the information provided. While Right of Way vacations are legislative actions that are not subject to the specific timelines for review that apply to land use permits, City staff will work with the petitioner to make the process as efficient as possible, assuming all necessary information to support City staff efforts is provided by the applicant in a timely manner. i) Circulating the petition After Public Works files the complete petition with the City Clerk, Public Works will circulate the petition to City departments, South King Fire Department, Federal Way School District, utilities, transit agencies, and other organizations as appropriate or requested by Council. ii) Early Council Briefing or Forum Upon receipt of a complete petition Public Works will provide an informational briefing to the Land Use and Transportation Committee. When the committee deems it appropriate, they may request a briefing for the full Council. 24 The Land Use and Transportation committee may also direct staff to work with the Petitioner to host a briefing or public open house on the Right of Way vacation petition prior to commencing technical review. The purpose is to provide the public with an early opportunity to provide input on the vacation to the Council, the petitioner, and City reviewers. iii) Public Trust Analysis The Public Works department will make the petition available to other City departments, South King Fire Department, Federal Way School District, utilities, transit agencies, and other organizations as appropriate, may review the public trust elements of the petition and provide comments to Public Works on whether the petitioner has fully analyzed the impacts of the proposed vacation along with developing mitigating measures to address any such impacts. Public Works will provide the Petitioner with any comments and provide the Petitioner an opportunity to respond to the comments. This may result in multiple rounds of review, comment, and refinement of the analysis and petition with subsequent information to adequately addresses the impacts of the vacation. Additional information may be requested from the petitioner to complete the analysis. If an environmental impact statement is required, the Land Use and Transportation Committee will not make a final recommendation to the Council on the public trust elements of a Right of Way vacation petition until a Final Environmental Impact Statement has been published. If an environmental impact statement is not required, the Land Use and Transportation Committee will only make a final recommendation on the public trust elements of a Right of Way vacation petition when sufficient information to assess the impacts of the vacation on the public trust functions has been compiled. For City Capital Improvement Projects seeking a vacation, the Land Use and Transportation Committee shall also have approved the project concept, or 30% review, either before or concurrent to making any final recommendations on the public trust analysis. Non-city public agencies seeking a vacation may request the Land Use and Transportation Committee, through a request to Public Works, to review and make a preliminary recommendation to the Council on the public trust analysis concurrent with submission of a 30% project submission and issuance of a draft environmental impact statement, provided that sufficient information to assess the impacts of the vacation on the public trust functions has been submitted by the petitioner. Subsequent substantial changes to the 30% drawings, at the sole determination of the City, may invalidate the public trust analysis and require additional or updated analysis. No final action will be taken until after a Final Environmental Impact Statement has been published. The Public Works Director shall prepare a report on the vacation petition request and make an overall recommendation on the petition, addressing each component of the public trust analysis and any recommended mitigation, to the Land Use and Transportation Committee. The Land Use and Transportation Committee will consider comments and issues identified by City Departments, South King Fire Department, Federal Way School District, utilities, transit agencies, and other organizations, and, as relevant, other City Boards and Committees, and make a recommendation to the Council on the public trust elements of the petition. The Public Works Director shall incorporate the Committee’s recommendation into 25 the report on the public trust elements of the petition and make a final recommendation to the full Council. iv) Public Benefit Analysis The intent of the public benefit analysis phase of the Right of Way vacation review is to ensure that adequate public benefits will be provided to offset the loss to the public of the public trust functions. This review will be guided by these policies. City departments, South King Fire Department, Federal Way School District, utilities, transit agencies, and other organizations as appropriate, may review the public benefit analysis and provide comments to Public Works. Public Works will provide the Petitioner with any comments and provide the Petitioner an opportunity to respond to the comments. This may result in multiple rounds of review, comment, and refinement of the analysis with subsequent information to adequately resolve the comments. Additional information may be requested from the petitioner to complete the analysis. For City Capital Improvement Projects seeking a vacation, the Land Use and Transportation Committee shall also have approved a 60% review either before or concurrent to the Committee making any final recommendations on the public benefit analysis. Non-city public agencies seeking a vacation may request the Land Use and Transportation Committee, through a request to Public Works, to review and make a preliminary recommendation to the Council on the public benefits analysis concurrent with submission of a 60% project submission and subsequent to issuance of a draft environmental impact statement, provided that sufficient information to evaluate the public benefit analysis has been submitted by the petitioner. Subsequent substantial changes to the 60% drawings, at the sole determination of the City, may invalidate the public benefit analysis and require additional or updated analysis. No final action will be taken until after a Final Environmental Impact Statement has been published. At the recommendation of the Land Use and Transportation Committee, the City Council may convene a subcommittee consisting of Council or Commission members, City staff, and individuals with expertise related to items within the public benefit analysis to receive public comment and review public benefit packages. The Public Works Director shall prepare a report on the public benefit analysis and make an overall recommendation, addressing each component of the public trust analysis and any recommended mitigation, to the Land Use and Transportation Committee. The Land Use and Transportation Committee will consider comments and issues identified by City Departments, South King Fire Department, Federal Way School District, utilities, transit agencies, and other organizations, and, as relevant, other City Boards and Committees, and make a recommendation to the Council on the public benefits elements of the petition. The Public Works Director shall incorporate the Committee’s recommendation into the report on the public benefits elements of the petition and make a final recommendation to the full Council. The Land Use and Transportation Committee will consider the recommendations of the subcommittee, City departments, and public testimony in developing a recommendation to the Council on the public benefit package. v) Final Recommendation 26 Public Works will compile all recommendations and comments on the public trust analysis and the public benefit package. The Public Works Director will prepare a recommendation and a resolution setting a public hearing date for the Right of Way vacation for presentation to the Land Use and Transportation Committee and then City Council. vi) Council Review and Conditional Approval The Council will hold a public hearing on the petition. It will consider public comments, the recommendations of the Public Works Director, City departments, South King Fire Department, Federal Way School District, utilities, transit agencies, and other organizations as appropriate. The Council may ask for additional information from the petitioner related to the public trust analysis or public benefit proposal before deciding whether to approve the petition. If the Council grants a Right of Way vacation, its initial approval will be conditional. The Council grants a Right of Way vacation subject to conditions to ensure the project is built as proposed, to mitigate any impacts, to assure the provision of the public benefit, and to guarantee required fees are paid. Following this conditional approval, City departments may issue other necessary permits and the petitioner may proceed with developing the project. Before beginning work that would alter the Right of Way, the petitioner shall submit and obtain approval of a plan documenting how and when each condition will be met. Once approved, the petitioner shall obtain any required permits from Public Works for work within the Right of Way prior to it being vacated. The petitioner shall fulfill the conditions in a manner approved by the City. As the development proceeds and the petitioner works on meeting the conditions, regular reports shall be provided to Public Works. The petitioner bears the responsibility for satisfying the conditions and all costs associated with satisfying the conditions. The conditions imposed on a vacation vary and the means to assure compliance will also vary as follows: (1) Time for completion: Conditions will be placed on the vacation requiring starting development by a certain date and completing development by a certain date. The maximum time for starting development will be 12 month and completion of development will be 5 years, unless the petitioner demonstrates special circumstances and the Council approves longer time frames. If work is not started or completed within the stated period, the petitioner will be required to receive approval from the Council to extend the conditional approval. If construction work has not started within the stated period the Council may require that a new petition be filed, and the vacation be reviewed anew. (2) Conditions related to the development: Conditions related to developing the project vary and may be imposed to address design, transportation issues, to mitigate impacts, or as related to providing the public benefit. These types of conditions are generally met by completing the project. The City may require a performance bond or other method to ensure the work is completed. (3) Conditions related to utilities: Following the vacation conditional approval, the petitioner shall perform all identified work associated with utilities identified in the vacation conditions. All easements, restrictive covenants, and relocation agreements shall be executed before the vacation ordinance is passed. If acceptable to the utility, a performance bond may be posted before final vacation approval. 27 (4) Transportation Conditions: Any conditions imposed to ensure the smooth and safe operation of the transportation network, including constructing required improvements, shall be carried out before the vacation ordinance is passed. (5) Conveying real property: If the conditions require the dedication of property, exchange of property, or the dedication of Right of Way, the petitioner shall convey the property before the vacation ordinance is passed. The petitioner shall convey property acceptable to the City and provide an acceptable deed form, title insurance, environmental site assessment and environmental remediation, perform any other review deemed necessary by the City, and pay any applicable taxes. (6) Conditions that extend beyond the development phase of the project: For conditions that will last for the life of the project such as public benefit requirements, areas to remain accessible to the public, or any other item deemed by the City to extend beyond the development phase, a Property Use and Development Agreement (PUDA), easement, or other binding mechanism acceptable to the City shall be required and recorded before the vacation ordinance is passed. (7) Payment of fees: All fees shall be paid before the vacation ordinance is passed. Any conditions that require the payment of funds shall occur before the vacation ordinance is passed. In no circumstances will the City pass a final vacation ordinance without certainty about completing all required conditions and paying all required fees. vii) Final Right of Way vacation Once all conditions have been satisfied, Public Works will prepare and the Council will consider and pass a final Right of Way vacation ordinance granting control of the Right of Way to the abutting property owners. Unless otherwise stipulated in the Petition, when more than one party owns property abutting the Right of Way, the Right of Way will be divided so that each side of the Right of Way receives the part of the Right of Way closest to their property. viii) Costs and Fees The costs and fees associated with a vacation are established in the City of Federal Way fee schedule. The petitioner is responsible for preparing and providing information necessary to respond to City questions or concerns. Additional costs may include required mitigation measures and the costs associated with providing the public benefit. To protect the integrity of the legislative Right of Way vacation review process, a notarized statement shall be signed by the petitioner and included in the petition for the proposed vacation. The statement shall indicate that the petitioner acknowledges that the vacation petition may be subsequently denied at the Council’s discretion; and that any financial commitment the petitioner has made before vacation approval is at their own risk and will not be a factor in the Council’s decision on the proposed Right of Way vacation. Planning Commission Discussion B-1 Amendments to Federal Way Comprehensive Plan Shelter Resources Property Planning Commission Staff Report July 15, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 1 of 7 PLANNING COMMISSION STAFF REPORT July 15, 2020 TO: Lawson Bronson, Federal Way Planning Commission Chair FROM: Brian Davis, Community Development Director Robert “Doc” Hansen, Planning Manager SUBJECT: File 16-105018-UP: 2020 Proposed Comprehensive Plan Amendment and Rezone, Shelter Resources Property from RS-7.2 to High Density, Multiple Family Classification, and RM 1800. I. INTRODUCTION Pursuant to RCW 36.70A(2)(a), the City of Federal Way may update its comprehensive plan annually. Per Federal Way Revised Code (FWRC) 19.80.050, the city has elected to review citizen-initiated requests on an annual basis. As part of the annual review, the city may also make changes to chapters and maps of the comprehensive plan. The governing body shall consider all proposals concurrently so that the cumulative effect of the various proposals can be ascertained. Shelter Resources, Inc. re-submitted a request for a comprehensive plan amendment and rezone on September 19, 2019, to change the designations of parcels #720480-0172 and #720480-0174 from Single-Family High Density Residential and Single-Family (RS 7.2, one unit per 7,200 square feet) to Multifamily Residential and Multifamily (RM 1800, one unit per 1,800 square feet). Shelter Resources, Inc. is requesting the comprehensive plan designation and rezone in order to allow transit-oriented multifamily housing as the parcels are within one half mile of the planned 272nd Sound Transit Light Rail Station, which will be constructed in 2024 at the existing Star Lake Park and Ride, located adjacent to the intersection of I-5 and South 272nd Street. These parcels do not front on a public street. However, the applicant has acquired the Silver Shadow Apartments which is adjacent to the west, in order to provide the necessary access to parcels #720480-0172 and #720480-0174. II. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, “Council Rezones,” establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the requests for comprehensive plan amendments; Planning Commission Staff Report July 15, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 2 of 7 2. To determine whether the proposed comprehensive plan amendments meet the criteria provided by FWRC 19.80.140, 19.80.150, and 19.75.130(3); and 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. III. PROCEDURAL SUMMARY Steps Date Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) March 13, 2020 End of SEPA Comment Period March 27, 2020 End of SEPA Appeal Period April 17, 2020 Public Hearing before the Planning Commission July 15, 2020 LUTC Meeting August 3, 2020 City Council 1st Reading September 1, 2020 City Council 2nd Reading September 15, 2020 IV. BACKGROUND AND PROJECT DESCRIPTION The land requested for rezone is 3.5 acres in size and is now vacant. The parcel has no direct access to any city street, and its land-locked situation is most likely the reason that the land has not been developed. In 2017, Shelter Resources, Inc. wanted the land being considered for rezone to be used for a potential multiple-family, transit-oriented development and made application for rezone. The property does not front on a public street, and there was no documented access point to Pacific Highway South when the application was made. Access had to be secured before the site would be suitable for the requested RM 1800 zoning. The land owners indicated that they would eventually obtain public access by the time of the public hearing, and the city submitted the proposal to the state’s Department of Commerce for review of the proposal and its adherence to RCW 36.70A, the Growth Management Act. No issues were raised by the Department of Commerce and it is considered to have been reviewed by the state. Since the first application was made, the applicants for the proposal have secured public access to the property through an existing multiple-family development. Such access was not available when the application was first made in 2018, which prevented the city from processing the request. Land Use An existing multiple family residential development is located adjacent and west of the proposed rezone/comprehensive plan site, similar to the request made by the applicants. A Metro Transit Park and Ride area is located north of the site and is zoned Business Commercial (BC). Land at the northeast point of the site is zoned RM 1800 and is developed with multifamily housing. Land directly east of the proposed change is zoned RS 7.2 and is vacant. Approximately 200 feet southeast from the southeastern corner of the proposed rezone site is a single-family subdivision, Planning Commission Staff Report July 15, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 3 of 7 which has been developed and is zoned RS 7.2. Land directly south and adjacent of the site is vacant and zoned 7.2. The single-family development located southeast of the proposal is buffered from this site by wetlands and a Native Growth Protection Easement (NGPE), where development is prohibited. Multi-family housing is not allowed in the existing RS 7.2 zone. However, it is allowed in the requested RM 1800 zone. The applicant is requesting a comprehensive plan designation and rezone in order to allow transit-oriented multi-family housing as the parcel is within one half mile of the planned 272nd Sound Transit Light Rail Station. The station is planned to be operating by 2024 at the existing Star Lake Park and Ride located adjacent to the intersection of I-5 and South 272nd Street. V. COMPLIANCE WITH THE COMPREHENSIVE PLAN The property proposed to be rezoned is now within a Single-Family High-Density Residential plan classification. Applicants request to be within a multifamily classification allowing the proposed multi-family development. According to FWRC 19.80.140, the city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. There are no environmental restrictions to development here. There is a steep slope to the east of the site. Rigorous, existing stormwater and development standards will reduce the impact of development. An additional 120 units is expected to increase traffic by approximately 8500 vehicle trips per day, assuming 7 trips per unit. (2) The effect on open space, streams, and lakes. Please refer to the above. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. Multiple family development will be compatible with the neighborhood area. Existing multi- family development exists to the west and northeast of the project. The commercial land use along Pacific Highway South has a high-density potential that is conducive to such development. The zone classification will be compatible with surrounding environment. The open space area to the east contains a wetland that may remain undeveloped; thereby, providing a buffer between the existing single-family housing in the RS 7.2 zone, and the proposed multiple family development. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. Existing sewer and water capital facilities exist adjacent to the development adequate to service any potential development. Access has been provided to the site which will provide an appropriate entrance to a proposed development. Any project is subject to transportation and school impact fees designed to address impact upon these facilities. Planning Commission Staff Report July 15, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 4 of 7 (5) The benefit to the neighborhood, city, and region. The proposed zone and amendment provide opportunity for development of additional housing needed within the city as encouraged by the comprehensive plan. Existing land uses surrounding the proposal are compatible with development that may result from the action of the amendment. Any development would be Transit Oriented Development (TOD) by locating next to the transit station located to the north of the site. Single-family development to the east of the site will be buffered by native vegetation expected to remain. Any development within the space will meet objectives and policies for provision of adequate housing, for compatible development, and appropriate land use. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. The site is near mass transportation and has adequate physical public facilities (road, water, and sewer) to accommodate high density development. (7) The current and projected population density in the area. This proposed amendment will allow additional provision/production of needed high-density housing for existing and future populations. The site exists near and adjacent to high-density development, making it compatible with the surrounding environment. (8) The effect upon other aspects of the comprehensive plan. Approval of this proposal fulfills and meets relevant land use, capital facilities, housing, environmental, and transportation policies within the adopted comprehensive plan (see item 3 below per FWRC 19.80.150). Per FWRC 19.80.150, the city may amend the comprehensive plan only if it finds that the proposal meets the criteria for amending the comprehensive plan, including: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; The proposed amendment and rezone enable the development of needed housing within the City of Federal Way. (2) The proposed amendment is in the best interest of the residents of the city. Please see the responses under Sections V(1)(2) and (5). (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city’s adopted plan not affected by the amendments. The proposed category and zone reclassification are consistent with policies listed in Chapter 5 of the 2015 Federal Way Comprehensive Plan. Specifically, the following policies are relevant to the proposal being made: LUP 21 Support multi-family development with transportation and capital facilities improvements. Planning Commission Staff Report July 15, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 5 of 7 The proposal is located adjacent to a transit stop, making it a transit-oriented development, and providing potential residents access to public transportation. HP13 Continue to use design guidelines to ensure that new and infill developments have aesthetic appeal and minimize impacts on surrounding development. The proposal will be designed to provide the needed housing while maintaining the compatibility of the neighborhood. It will provide a housing buffer between an existing single-family neighborhood to the southeast and the multiple family development to the west and northeast. Any development in the rezoned area will meet design standards required in FWRC 19.115 to insure compatibility. HG5 Develop a range of affordable housing opportunities for low-income households consistent with the CWPPs and the needs of the community. Two CWPP are significant to this development including: H-9 plan for housing that is accessible to major employment centers and affordable to the workforce in them so people of all incomes can live near or within reasonable commuting distance of their places of work. Encourage housing production at a level that improves the balance of housing to employment throughout the county. T-12 address the needs of non-driving populations in the development and management of local and regional transportation systems. The proposed project is located near a public transit station allowing low income residents to access to public transportation throughout the region and therefore, access to employment and shopping. HP21 Promote fair housing access to all persons without discrimination. The proposed project is intended to provide housing on the basis of income and not upon any social status, thereby avoiding any discrimination issues. HP22 As required by the CWPPs, maintain sufficient land supply and adequate zoning within the City to accommodate those types of housing consistent with the City’s affordable housing targets. Land for the development of all housing is scarce and this property has not been developed largely due to the non-access of the property to any street. Since the project proponents obtained access to the property, the development will aid in the development of affordable and in reaching low income housing objectives. VI. COMPLIANCE WITH FWRC 19.75.130(3) Site-specific requests are also required to be evaluated for compliance with this section. 1) The city may approve the application only if it finds that: Planning Commission Staff Report July 15, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 6 of 7 a. The proposed request is in the best interests of the residents of the city. Provision of affordable housing is a main objective within the city’s comprehensive plan, and the proponents initiating the reclassification and rezone have a primary purpose of providing affordable housing for all ages. The proponents will eventually apply for a project providing needed affordable housing. b. The proposed request is appropriate because either: (i) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning that, under those changed conditions, a change in designation is within the public interest; or Demand for affordable housing and all housing has increased dramatically since the adoption of the plan. Average housing cost in 2015 was $289,100, increasing to $362,100 in 2018, a 12% percent increase and demonstrating a need for rental, multifamily dwellings. The proposed reclassification will permit of expanded affordable housing. (ii) The rezone will correct a zone classification or zone boundary that was inappropriate when established. In relation to item (ii) above, the proposal is not intended to “correct” any inappropriate zone classification. c. It is consistent with the comprehensive plan. The proposal is designated for High-Density Residential in the comprehensive plan. The proposal will reclassify the site to “Multiple Family,” which is in the nature of “high- density” multifamily development (see the expanded response in V.19.80.150[3] above.). d. It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan. If this request is granted, any future development will be required to comply with all city regulations, including those adopted by reference from the comprehensive plan. e. It is consistent with the public health, safety, and welfare. The proposed amendment provides opportunity for development of affordable housing, similar to the project proponents have discussed. Provision of any affordable housing is consistent with meeting public welfare. All development will meet current codes and regulations to protect public safety. Planning Commission Staff Report July 15, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 7 of 7 VII. CITIZEN COMMENT No citizen comment has been received on this proposal at the time of writing the report. Comment was received in a March 11, 2020, letter encouraging the testing of soils for arsenic and lead prior to any development. These items are reviewed at the time of SEPA review when a project is submitted. VIII. MAYOR’S RECOMMENDATION Upon review of the application and information that has been presented, the Mayor makes recommendation to approve the proposed amendment. IX. PLANNING COMMISSION ACTION 1 Recommend to City Council adoption of the proposed comprehensive plan amendment; 2. Recommend to City Council that the proposed comprehensive plan amendment not be adopted; 3. Forward the proposed comprehensive plan amendment to City Council without a recommendation; or 4. Modify the proposed comprehensive plan amendment and recommend to City Council adoption of the amendment as modified. K:\Comprehensive Plan\2017 Comprehensive Plan\Planning Commission\.doc Planning Commission Discussion B-2 Amendments to Federal Way Comprehensive Plan Eliminate “Minor Collector” Classification Planning Commission Staff Report July 1, 2020 Requested Comprehensive Plan Amendment Elimination of Minor Collector Classification Page 1 of 8 PLANNING COMMISSION STAFF REPORT July 1, 2020 TO: Lawson Bronson, Federal Way Planning Commission Chair FROM: Brian Davis, Community Development Director Robert “Doc” Hansen, Planning Manager SUBJECT: Comprehensive Plan Amendment, Eliminate the 376th Street/19th Avenue Connection “Minor Collector” Classification in Chapter 3, Map 3 of the Comprehensive Plan I. INTRODUCTION Pursuant to RCW 36.70A(2)(a), the City of Federal Way may update its comprehensive plan annually. Per Federal Way Revised Code (FWRC) 19.80.050, the city has elected to review citizen-initiated requests on an annual basis. As part of the annual review, the city may also make changes to chapters and maps of the comprehensive plan. The governing body shall consider all proposals concurrently so that the cumulative effect of the various proposals can be ascertained. This proposal was initiated by the City Council to have the Planning Commission review and make a recommendation to amend the Comprehensive Plan, Chapter 3, Map III-3 to remove the designation of “Minor Collector” of 376th Street adjacent to Milton and through the Redondo Subdivision on 19th Avenue. The comprehensive plan amendment will not affect the land use in the particular area. II. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, “Council Rezones,” establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the requests for comprehensive plan amendments; 2. To determine whether the proposed comprehensive plan amendments meet the criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3); and 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. Planning Commission Staff Report July 15, 2020 2020 Comprehensive Plan Amendment Declassification South 376th/19th Street Page 2 of 8 III. PROCEDURAL SUMMARY Steps Date Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) (Exhibit A) February 28, 2020 End of SEPA Comment Period March 13, 2020 End of SEPA Appeal Period April 3, 2020 Public Hearing before the Planning Commission July 15, 2020 LUTC Meeting August 3, 2020 City Council 1st Reading September 1, 2020 City Council 2nd Reading September 15 2020 IV. BACKGROUND A comprehensive plan amendment and rezone for 26 parcels (56.06 acres) in the Milton Road area east of I-5 (Exhibit A) from Single Family Medium Density Residential RS 35.0 (one unit per 35,000 square feet) to Single Family High Density Residential RS 7.2 (one unit per 7,200 square feet), was approved on April 2, 2019. Along with the approval of the plan amendment and rezone, the City Council requested the staff to evaluate and provide a draft proposal to remove the “Minor Collector” classification of the 376th Street/19th Avenue connection between I-5 and Enchanted Parkway. Potential Traffic Impacts This is a non-project action associated with amending a street classification recognized in the comprehensive plan as a “Minor Collector.” This non-project action by itself does not affect traffic. Any proposals that may result from the rezone action by the Council in 2019 will be subject to future review for compliance with all codes. Specifically, any future development, regardless of zoning or the road classification within the comprehensive plan, would be required to construct street improvements consistent with city roadway standards. New streets or street connections are required to be constructed if the adjacent property develops. V. COMPLIANCE WITH FWRC 19.80.140 AND 19.80.150 1. FWRC 19.80.140, Factors to be Considered in a Comprehensive Plan Amendment – The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. There should be no adverse impact on the physical environment related to this action. While any development proposed upon the land to the north of 376th may have environmental impact, such impacts will have to be evaluated at time of a specific Planning Commission Staff Report July 15, 2020 2020 Comprehensive Plan Amendment Declassification South 376th/19th Street Page 3 of 8 development proposal. Any development would be required to meet road standards that exist at time of development. The suggested road re-classification would make the road lower in priority of any road improvements proposed by the City of Federal Way. (2) The effect on open space, streams, and lakes. Please refer to the responses under Section V.1 (1) above. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. There will be no impact to surrounding land uses with the proposed road reclassification. Road improvements required by development activity will have to be met before any development occurs regardless of its classification within the comprehensive plan or the Capital Facilities Plan. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. There will be no impact to capital facilities with the proposed road reclassification. Road improvements required by development activity will have to be met before any development occurs regardless of its classification within the comprehensive plan or the Capital Facilities Plan. (5) The benefit to the neighborhood, city, and region. Road improvements required by development activity would have to be met before any development occurs regardless of its classification within the comprehensive plan or the Capital Facilities Plan. The road re-classification will make the street a lower priority of any street improvements proposed by the City of Federal Way. Without development, traffic to adjacent neighborhoods will not increase. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. This proposed amendment would have no impact upon land use demand type. It is estimated that approximately 140 single-family housing units could be developed north of 372nd, now classified as a minor collector. Road improvements required by development activity will have to be met before any development occurs regardless of its classification within the comprehensive plan or the Capital Facilities Plan. (7) The current and projected population density in the area. This proposed amendment will have no impact upon any population increases or housing density. Regardless of its classification within the comprehensive plan or the Capital Facilities Plan, any development activity will have to meet all road building standards at the time of development. (8) The effect upon other aspects of the comprehensive plan. Planning Commission Staff Report July 15, 2020 2020 Comprehensive Plan Amendment Declassification South 376th/19th Street Page 4 of 8 Approval of this proposed road re-classification will not affect other aspects of the comprehensive plan. Regardless of its classification within the comprehensive plan or the Capital Facilities Plan, all other policies and regulations for development will have to be met before any development occurs. 2. FWRC 19.80.150, Criteria for Amending the Comprehensive Plan – The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; Road re-classification will have no substantial impact upon public health, safety or welfare. (2) The proposed amendment is in the best interest of the residents of the city. Please see the responses under Sections V (1)(5) and V (2)(1). (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city’s adopted plan not affected by the amendments. The road re-classification is not consistent with some of the policies listed in Chapter 3 of the 2015 Federal Way Comprehensive Plan. Specifically, the following policies may not be met with the reclassification. TP4.2 Enhance traffic circulation and access with closer spacing of through streets, where feasible, and limiting the area to be served by a single access point commensurate with planned density. Elimination of the connection between Enchanted Parkway and the I-5 crossing would discontinue potential circulation of a proper traffic grid system in one portion of the south side in Federal Way. TP4.3 Determine street classifications by balancing travel needs with changing right of- way uses and neighborhood character. The proposed reclassification is based upon a request of a community rather than the “needs” that may arise as a result of continually changing conditions. TP4.8 Monitor growth in population and employment in relation to the land use and growth assumptions of the Transportation Element. Reassess the Land Use and Transportation Elements as needed to ensure that planned improvements will address the potential impacts of growth. Again, the proposal has no relationship to land use and transportation growth assumptions made in the current comprehensive plan, or upon need to address the potential impacts of growth. It is requested as a result of current residents’ desires. Planning Commission Staff Report July 15, 2020 2020 Comprehensive Plan Amendment Declassification South 376th/19th Street Page 5 of 8 VI. COMPLIANCE WITH FWRC 19.75.130(3) Site-specific requests are also required to be evaluated for compliance with this section. 1) The city may approve the application only if it finds that: a. The proposed request is in the best interests of the residents of the city. There is not any demonstrated indication that this will or will not be in the best interests of the residents. The identified road not being a “minor collector” will place it as a road in a lower priority for improvement, which could be of benefit to the adjacent Redondo community. b. The proposed request is appropriate because either: (i) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning that, under those changed conditions, a change in designation is within the public interest; or Conditions have changed to the extent that expected growth both around the road in question and expected development activity east and west of the road will necessitate the need for connection between Milton Road and Enchanted Parkway. The proposed amendment eliminates a potential link indicated in the comprehensive plan and may violate existing planning policy adopted in 2015 (T2: indicated in Section V. 2(3) above). (ii) The rezone will correct a zone classification or zone boundary that was inappropriate when established. Item (ii) is not applicable since the proposal is not a rezone. c. It is consistent with the comprehensive plan. See V.2(3) above. d. It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan. If this request is granted, any future development will be required to comply with all city regulations, including those adopted by reference from the comprehensive plan. e. It is consistent with the public health, safety, and welfare. The proposed amendment bears no substantial relationship to public health, safety, or welfare. Planning Commission Staff Report July 15, 2020 2020 Comprehensive Plan Amendment Declassification South 376th/19th Street Page 6 of 8 VII. PUBLIC COMMENTS RECEIVED Citizens in Opposition or Asking Questions Thirty-seven written comments to the proposed comprehensive plan amendment and rezone approved by the City Council in 2019 were received; comments favoring and most not favoring the comprehensive plan land use reclassification. Most of the comments and questions received were received from those residing on the property proposed for rezone, or on property subdivided and developed to the east of the rezoned land. No comments have been received to this point on the declassification of the road. IX. MAYOR’S RECOMMENDATION The Mayor finds that the proposal would not meet policies of the comprehensive plan to provide adequate connection between other “collector” city road and recommends that the 376th Street/ 19th Avenue link between Milton Road and Enchanted Parkway (SR 161) remain classified as a “minor collector.” X. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding each proposed comprehensive plan amendment and rezone request: 1 Recommend to City Council adoption of the proposed comprehensive plan amendment; 2. Recommend to City Council that the proposed comprehensive plan amendment not be adopted; 3. Forward the proposed comprehensive plan amendment to City Council without a recommendation; or 4. Modify the proposed comprehensive plan amendment and recommend to City Council adoption of the amendment as modified. LIST OF EXHIBITS Exhibit A Area of Comprehensive Plan Amendment Approved on April 2, 2019 Exhibit B Location of the Minor Collector Proposed for Removal of Classification Planning Commission Staff Report July 15, 2020 2020 Comprehensive Plan Amendment Declassification South 376th/19th Street Page 7 of 8 Exhibit A: Approved Rezone in 2019 Planning Commission Staff Report July 15, 2020 2020 Comprehensive Plan Amendment Declassification South 376th/19th Street Page 8 of 8 Exhibit B: Comprehensive Plan Street Classification