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
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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.
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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
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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.
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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;
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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;
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• 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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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(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