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02-03-2015 S 366th St Street VacationCIT Federal Wa S 336th St. Street Vacation PETITION FOR VACATION OF A PORTION OF RIGHT OF WAY WITHIN S336 TH STREET 4/27/2021 CIT Federal Wa Street Vacation Process All street vacations follow a process laid out in the City Code. • Petitioner submits required documentation including signed petition, legal description of the area proposed for vacation. • Fee of $833.50 for first 300 LF, then $85.5 each additional 100 LF. • Staff evaluates proposal and prepare a draft Staff Report abased on City code Section 4.20.070. • Draft report gets routed to utilities , City Departments and public agencies for review. • Resolution to set Public hearing date taken to LUTC and Council. 4/27/2021 2 CIT Federal Wa Street Vacation Process Continued • Notice of Public Hearing is posted and sent to all property owners within 300 feet of the area proposed for vacation. • Staff report is finalized and made available to public 10 days prior to hearing. • A public meeting is held and the Staff report is presented to Council. • The Council votes conditions for the needs to fulfill the steps are taken. 4/27/2021 on approval of the vacation and any vacation. If approved, the petitioner conditions required before additional 3 CIT Federal Wa Street Vacation Process Continued • Upon fulfillment of all conditions such as appraisal, payment, and easement requirements, an ordinance to vacate the property will be prepared and brought to Council for 1 St and 2nd readings. • Upon the ordinance becoming effective, the ordinance to vacate is recorded with King County which transfers the property to the petitioner. 4/27/2021 FE CIT Federal Wa Background: • Kitts Corner , LLC has petitioned the City to vacate a portion of S 3 3 6th Street, adjacent to Lot 1 BLA 20140915900025 located on the south side of S 336th Street west of 131h Ave S. • The area is a twenty -foot wide portion of Right -of -Way along S 3 3 6th Street adjacent to the Kitts Corner development property. • The area proposed for vacation is 20 feet wide and varies from 85 to 60 feet in length. The existing Right - of -Way in this area is 72 feet wide south of the centerline of S 3 3 6th Street. The remaining alignment of S 3 3 6th Street is 52 feet wide south of the centerline. 4/27/2021 E CIT Federal Wa Background: • The planned street section for S 3 3 6th Street, is Section "E" in the City Development Standards, which calls for a 98-foot Right -of -Way (49 feet on each side of the centerline). • Petitioner is seeking the street vacation in order to enlarge buildable area for a proposed multi -family development. The area to be vacated has one (1) abutting private property owner (the petitioner). • The sole adjacent property owner has signed the petition. 4/27/2021 0 CIT Federal Wa SW 336th Street Vicinity Map City of EXHIBIT C Federal Way S 336th Street Vicinty Map N Right of Wav Vacation I-5 -7 J a Vacation Area Ordinance No. This map is intended for use as a graphical representation, 4/27/2021 1 Page -- of --- The City of Federal Way makes no warranty as to its accuracy. 7 CIT Federal Wa Current Public Use MAP ��: Pj. --., Soo Federal Way F � h A r r „i iq mwwMy co��,,, raO Oy rtrn9 LamN ai reNo, eu0J wng ""r°' ��r�n�°nee 'ii�i �n ioa '��.°a'is�i u<om.`aa®;iri�@ mini, of n���i�°�;auar��mi�aa e�unssmea, "nr is King wpm � e min°a.c.a hvw an ge�mssionaK�g�ca�' � Q County znrxo„ sa�rcan�nec �mv�MnP-Rownvi�r�,0im�immvrw.,.,.motnxcgn:r�rsrmnPi 4/27/2021 0 Public Works: :411:4� � Streets *Traffic 9 Develol Solid Waste • Surface W Future Use of Driveway SEC. 20, TWP 21 N, R4E W.M. FRONTAGE IMPROVEMENTS MT 70+G0-00 LI r A SOUTH 3 6TH STREET ou+oo = ' ',6' 9 ° SEE SHEET C3.09 58845'Ol"� N=11317.05 £=127161Z85 Q Pr OP ofrc� I r11 T OM fEsen E �,.— D 7; 11 74'>�. z.1 JI 5 -- - 20 5 SP CES f 19 R LINE 8 :, -or. 6' 1r o fTYP. u �R= R 7 NI- — t 2 Alew Dr�eustiyAPt�•� 5 - TYP. 11 - 13 13 9 T1P. AEC. 5 BLDG. 6 3 �fs vs s— ' fC TYP ]-- 19 POOL 5 SPACES 20 8 �— 7 s s B � 5 L C, N MIN Y •- � i 5884501"E � � 70429' I 0,'1s SPACE CIT Federal Wa Compliance with Criteria Per the City code, the staff report needs to address whether the requested street vacation complies with three Mandatory Criteria and five Discretionary Criteria. 4/27/2021 10 CIT Federal Wa Compliance with Criteria Mandatory Criteria 1 a. The vacation provides a benefit or is for a public benefit. The benefit may include economic or business support that the community as a whole derives form the abutting property owner. lb. The street or alley is no longer needed for public use. 1 c. The vacation does not abut a body of water, such as a river, a lake, or salt water, except for a public purpose such as a park or port facility and which reverts to a public authority. 4/27/2021 11 CIT Federal Wa Compliance with Criteria • Discretionary Criteria 2a. The vacation meets the intent of the City's Comprehensive Plan's general purposes and objectives. 2b. The vacation provides for an exchange of public property in the public interest. 2c. Whether conditions may so change in the future as to provide a greater use or need than presently exists. 2d. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the same. 2e. The vacation would not interfere with future development or access to other existing or future developments. 4/27/2021 12 CIT Federal Wa Comments on the Vacation Prior to setting the public hearing, a draft staff report was distributed to City Departments, utilities providers, and affected services for comments or requested conditions. The City received a response from Lakehaven Utility District that they would request an easement for their facilities that are located within the area to be vacated. The City is also requiring an easement for storm drainage facilities. 4/27/2021 13 CIT Federal Wa Conclusion • All Mandatory Criteria have been met. • Four of the five Discretionary Criteria have been met. Discretionary Criteria 2b is not applicable to this vacation as there is no exchange of Public Property. 4/27/2021 14 CIT Federal Wa Payment RCW 35.79.030, Section 1. Because the property has been Public Right -of -Way for less than 25 years, the City may require payment of up to 50% of the appraised value (based on an appraisal acceptable to the City) of the land as payment to the City if the proposed vacation is approved. 4/27/2021 15 CIT Federal Wa Recommendation Staff recommends the petition for vacation of Right -of -Way of a portion of S336thStreet be considered with the following condition: • All affected utilities be granted easements through the property. • Payment of 50% of the appraised value of the vacated area. 4/27/2021 16 Public Works: LiatULA= Streets * Traffic a Development Services Solid Waste • Surface Water Management