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
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4/27/2021
0
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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
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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