07-21-2020 Vacation of Public Right of Way7/20/2020 1
Ordinance Related to the
Vacation of Public
Right of Way
Public Works Department
Policy Question
Should City Council approve the ordinance to
modify and add new sections to Federal Way
Revised Code related to vacation of Right of
Ways?
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Background
•Public Right of Ways are held by the City in
trust for public use
•Relinquishing a Right of Way restricts public
movement and is considered a significant act
•Improved and unimproved Right of Ways
follow the same vacation process under the
Revised Code of Washington
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Background
•RCW 35.79 outlines vacation requirements
•City Code, currently and proposed, follows the
language in the RCW
•Road vacations are one of the few items that
cannot be delegated from City Council
•RCW and City Code require both a Public
Benefit and require Council to affirm that it is
in the Public’s best interest, also known as a
Public Trust Analysis
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Code Revisions
•Ordinance clarifies:
–Analysis and documentation required by an
applicant
–Demonstration that vacation will not create a
negative impact on the community
–Requires the applicant to document and
demonstrate how the vacation meets the
requirements
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Code Revisions
•Also requires:
–The Public Works Director to prepare and make
available administrative policies, an application
and checklist
–Applicant to submit a traffic analysis to
demonstrate compliance with City and State
requirements
–How the proposal complies with the City’s
Comprehensive Plan
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Administrative Policies
•Guides petitioners, City staff, and the public
•Outlines process requirements
•Establishes and publishes a review process
and submission requirements
•Develops requirements for what must be
analyzed
•Ultimately approval or denial of a vacation is
at the discretion of the City Council
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Administrative Policies
•Includes:
–Public Trust Doctrine and Analysis process
–Public Benefit Requirements and Analysis
–Process for review of applications
–Process for conditional and final review
–Application instruction and forms
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Process
Planning Commission: July 1 Public Hearing
Recommended Approval
LUTC : July 6
Recommended Approval
Council First Reading: July 21
Council Second Reading & Enactment: August 11
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Options Considered
1.Forward approval of the proposed ordinance
to the August 11, 2020 Council Meeting for
enactment.
2.Do not forward approval of the proposed
ordinance and provide direction to staff.
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Mayor’s Recommendation
The Mayor recommends Option 1
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Questions?
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