ORD 20-894 - Relating to Vacation of Rights of Way ORDINANCE NO. 20-894
AN ORDINANCE of the City of Federal Way, Washington, relating
to Right of Way Vacations; amending FWRC 4.20.120 and adding a
new section to chapter 19.135 FWRC. (Amending Ordinance No. 19-
107)
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:
ectioil. l.. FWRC 4.20.120 is hereby amended to read as follows:
4.20.120 Conduct of hearing—Iasis 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. 20-894 Page 1 of 4
(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.
(fl Tlac petitioner has demonstrated the vacation compljes_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.
ilm. (m c r a ably. The....T'tl 1ml ...Works Directors )reL)gr, i c.. jAe a Vail ibl I'or .d'sti-ibtaiori
administrative Street _ ation checklist and a lication.mVacation Policies, including an app
he wwwww
f2A Right of Ga be reduced or vacated only after the wwirmllova%t1 a re uirements are
00111 pleted:
4ri.1.._ nal s_ ndoctini ntationITconsistent with the Street Vacation Policies.
b") Demonstration that the reniainiazg sheet-network meets the block perimeter standards of
FWRC 19.135 251m. Where block perimeter standards are not met rigor ,to vacation. any
Ordinance No. 20-894 Page 2 of 4
vacation of pubtkc Righ
t,pf Way shall not result in an increase in the non-conforming block
length.
(g)_A ti'at'lac aiialysis deinonstrathig, that there will be no increase in (bps by vehicles.
Lic(lestriajis, or otbei, inodes on the Right of Wark......as a IMilt of ffie \iacatioii: or
.. ..
�iroposed S I-CqUired for ii-iifigatloii so there is no restiltipg, iggrease in trips oij
the Rithtu?UkLiv qgjwork.
,(d) A.public hearing bel'ore the City Council complying with the requirciiients 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 from and after its passage and publication, as provided by law.
Ordinance No. 20-894 Page 3 of 4
PASSED by the City Council of the City of Federal Way this 11th day of August, 2020.
CITY OF FEDERAL WAY:
y
l
FF-1'R R- 1,1,L, MAYOR
ATTEST:
< fp Nypp y
S P 1AN'1E COURTNE, "NIC CITY CLERK
APPROVED AS TO FORM:
J. IRTAI CAl..,L :'ITY ATTORNEY
FILED WITH THE CITY CLERK: 07/15/2020
PASSED BY THE CITY COUNCIL: 08/11/2020
PUBLISHED: 08/14/2020
EFFECTIVE DATE: 09/13/2020
ORDINANCE NO.: 20-894
Ordinance No. 20-894 Page 4 of 4