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Res 00-333 RESOLUTION NO. 00-333 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING A PETITION FOR VACATING A PORTION OF SOUTH 29STH STREET IN THE VICINITY OF THE INSTERSECTION OF SOUTH 29STH STREET AND MILITARY ROAD. WHEREAS, a valid petition has been filed by the owners of at least two-thirds of the abutting property requesting vàcation of a portion of South 298th Street, in the vicinity of the intersection of South 298'" Street and Military Road; and WHEREAS, pursuant to Resolution 00-327, the Federal Way City Council held a public hearing at its regular meeting on December 19, 2000 to consider the petition for vacation as required by state law and Federal Way City Code Section 13-102; and WHEREAS, following the conclusion of the public hearing on December 19,2000, the City Council determined that the proposed vacation complies with the vacation criteria specified in FWCC Section 13-102, as detailed in the staff report prepared by John Mulkey, Street Systems Engineer, dated October 13, 2000 and attached hereto as Exhibit A; and WHEREAS, no compensation will probably be requested of the abutting property owners, because one of the abutting property owners is dedicating a substitute right of way that will better serve the public interest by allowing for a realignment of S. 298'h Street that allows for a perpendicular intersection with better site distance as well as reduced turning movements at the intersection of Military Road and S. 298'h Street; and WHEREAS, in order to ensure the transfer of the substitute right of way, the Council RES # 00-333 ,PAGE I t([J\PY wishes to defer adoption of an ordinance effectuating the vacation until the transfer is complete, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVES AS FOLLOWS: Section I. Findings and Conclusions. The City Council finds that the Petitioners' request for a street vacation meets the criteria required in FWCC § B-IO2. In support of this finding, the Council adopts and incorporates by reference the findings and conclusions of the staff report attached as Exhibit A. Section 2. Petition Granted. The petition for vacation of the right of way identified in Exhibits B is hereby granted, subject to the adoption of a street vacation ordinance as required by FWCC § B-IO3. The Council reserves the right to reconsider its granting of the Petition until the effective date of the street vacation ordinance identified in Section 3 herein. Section 3. Preparation of Ordinance. The City Attorney is directed to prepare an ordinance for the street vacation identified in Section 2 herein. The City Attorney shall prepare and submit the ordinance for adoption upon the satisfaction of the following conditions: A. All existing utilities within the right of way area to be vacated have been relocated into the new right of way or a utility easement has been granted to the City over existing utilities. B. The new street alignment of S. 298th Street involving the substitute right of way has been constructed and the City has accepted the construction. c. The City has verified that the substitute right of way is of equal or greater value than the vacated right of way, If the substituted right of way is ofless value than the vacated RES # 00-333 , PAGE 2 portion, the Petitioners shall have paid the difference to the City. Section 4. Severability. Ifany section, sentence, clause or phrase of this resolution should be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall take effect immediately upon passage by the Federal Way City Council. RESOLVED by the City Council of the City of Federal Way this 19th day of December ,2000. CITY OF FEDERAL WAY ~~~< ~ø~~ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: ~C.~~ C Y ATTORNEY, BOB C. STERBANK FILED WITH ,";,HE CITY CLERK: 12/12/00 PASSED BY THE CITY COUNCIL: 12/19/00 RESOLUTION NO. 00-333 K:\reso\298vacat RES # 00-333 ,PAGE 3 City of Federal Way STAFF REPORT TO THE LAND USE AND TRANSPORTATION COMMITTEE PETITION FOR VACATION OF A PORTION OF SOUTH 298T11 STREET Federal Way File No. 00-103966-000-00-SV DATE: October 31,2000 PROPOSED ACTION: ~etition for vacation of a portion of Soutlt 29th Street PETITIONER: Sound Engineering, Inc. LOCATION: See attached vicinity map, legal description and vacation map REPORT PREPARED BY: John Mulkey, Street Systems Engineer RECOMMENDATION: Grant Vacation I. BACKGROUND Sound Engineering has petitioned the City to vacate a portion of South 298"' Street, to the east of Military Road. See the vicinity map, legal description (Exhibit A), and accompanying map of the area to be vacated (Exhibit B) for exact location. The right-of-way width in the area requested for vacation and re-alignment is sixty (60) feet. The existing intersection of South 298th Street and Military Road is offset, with the western portion located approximately eighty (80) feet to the north of the eastern portion. The street vacation is being sought as a means to align the intersection of South 298th Street perpendicular to Military Road, and locating the intersection directly across Military Road fi-om a continuation of South 298'" Street. This vacation is being requested as part of a proposed development consisting of forty-six (46) lots north 'of South 298" Street, and two (2) lots south of the proposed fe-alignment of South 298th Street. The re-alignment of South 298110 Street will allow for the two additional single-family residences to be built in the vacated right-of-way. There are two (2) properties located on the eastern end of South 298'" Street, which do not abut the right-of- way area to be vacated, but require South 298th Street for access. There is one property to the South of298th Street abutting the area to be vacated, which also requires South 298" Street for access. The access to these properties will be maintained through the re-alignment of South 298th Street. II. COMPLIANCE WITH CRITERIA DESCRIBED IN THE CITY OF FEDERAL WAY ORDINANCE NO. 91-107 A. Mandatory Criteria: The following criteria are mandatory and must be met before a petition for a street vacation may be approved:- Criteria ilIA - Tlte vacation provides a public benefit or is for a public bCllefil. Tlte beìrefil may ilrclude economic or business support tit at tlte coltlmtllrily as a ,vltole derives frol/l tlte abntliug property owner. EXHIBIT A October 31,2000 S 298'" Street Vacation Staff Report Page 2 The re-alignment and vacation of South 298'" Street will locate the roadway so that the intersection is perpendicular to Military road and aligned directly across Military Road from a continuation of South 298'" Street. These improvements will bring the intersection into compliance with safety standards of the city of Fweral Way, which allow the intersection angle to deviate from ninety (90) degrees by a maximum of fifteen (15) degrees. 111e current intersection angle deviates from ninety (90) degrees by approximately twenty-eight (28) degrees. The relocation of the South 2981' Street to a position direetly across from the continuance of South 298" Street also eliminates conflicting movements for drivers who would travel through the intersection to the east or west. It would eliminate two (2) tuning movements, allowing drivers to proceed straight through the intersection. This is especially important with the expected increase in traffic expected from the development of this area to approximately two hundred (200) vehicles per day. This re- alignment has been requested by the Traffic Division as part of the approval process for this development Criteria #1B - Tlte street, alley (Jr porti(Jn tlrereofís n(J l(Jnger requiredfor public use. The street will be re-aligned with a ~ew right-of-way location, not abandonw. Therefore this criteria is not applicable. Utilities will need to be relocated or an easement granted through the property if current locations are to be maintained. Criteria #lB - Tlte vacatioll does not abut a body of water, SIlCIt as a river, a lake, or salt water, except for a public purpose suclt as a park or portfacility and wldclt reverts to a pùblic autltority. This right-of-way is not located in the vicinity of a body of water, therefore this criteria is not applicable. B. Discretionary Criteria: Compliance with the following criteria is not mandatory, but the Council must consider them in making its decision. Criteria #2A - Tlte vacation meets tlte intent oftlte City's Compreltensive Plall's gel/eral purposes and (JbjectiveS. ' The City's Comprehensive Plan has a requirement of a sixty- (60) foot right-of-way for this classification of roadway, which is what is called out in the proposed plans for the development. The re-alignw roadway' will provide access to the proposed development, whièh will be the construction of forty-eight (48) new homes. The development will be high-density single family, as per the zoning criteria laid out in the City's Comprehensive Plan. Criteria #2B - Tlte vacation provides for atl exdtange of public property iI/ the public illterest. The right-of-way will be re-aligned so the property will be exchanged for property in which the street will be located in an improved, safer location. Criteria #2C - Wltetlter collditious may so cfmllge ÎIr tlte futllre as to provide a greater IIse or need thall preseutlyexists. Because the vacation is for re-alignment of South 2981" Street to a new location, not abandonment, the proposed\/aeation will provide for improved, safer future use to the area east of Military Road, Although the City's Comprehensive Plan docs not call for the placement of an underpass beneath Interstate 5 along South 298'" Street at this time, the proposed intersection re-alignment would make such an option more viable. By re-aligning the intersection of South 298" Street and Military Road, the proposed re-alignment would provide for continuous straight movement through the intersectio,¥, clim inating two (2) tuning movements as IS currently required. c' ' '<.".> ,.' October 3\,2000 S 298'" Street Vacation Staff Report Page 3 Criteria #2D - Wlro/lrer objoctions to tlro proposed vacatiorr arc lIIade by owners of private property (exclusive of petitioners} abutting tlte samCo The two (2) property owners abutting the proposed vacation, Dick Butko and Chanthaboun Phasavath,.have both signed the Street and/or Alley Vacation Application and Petition and have raised no objections. Criteria #2E - rite vacation would not interfere with future development or accc.rs to otlter existing or future devclopmerrts. Because the vacation of Soulh 298'" Street is proposed for re-alignment to an improved, safer location, not abandonment, access to existing and future development would be improved, not diminished by the re- alignment and vacation of the right-of-way. Access to properties east of Military Road along Soulh 298th Street must be maintained throughòut the construction of the new roadway. Existing utilities, including water, gas, overhead power, cable, and telephone, must be either relocated or,granted an easement through the property before vacation is allowed. . ffi. RECOMMENDATION All criteria as set forth in Ordinance 91-107 for granting a street vacation have been met. The completion of the re-alignment of South 298th Street will allow for the exchange of property with the vacation of the portion of South 298th Street Staff recommends the petition for street vacation of a portion of South 298" Street, east of Military Road, be granted under the condition that the ábove noted utilities are either relocated or granted easements through the property. and the re-Iocation of South 298th Street is completed and accepted by the City. k:lstrtets\vacationlsouth 298th slrtellslaff report 298th.doç '.1,' r-----, I J , I ,-~, , : L_ff_~_-J I:=~=-::"'" ,I, 1 , I ,-~, 1 I L,.;-~_-:.-J r-,:------, : : ,:;,'~, r.--' I , L__-J " = 10lr . R{w 10 6( VACAI(O --_o-<~_o~_.~~....~ =~--:~~~~~'7~;:;;':;~ ~"':7=.~,~o._-~.~, 'U>œ... "urn...",. 'u",...", """, """" , 5:..0 UNO E'NGlN'££RING. we, TRESOEN PLACE PRELIMINARY PLAT LA YOUr A PORTION OF THE NE 1/4 OF SE 1/4 OF SEC. 4, TWP. 2tN" RGE 4 E., W.M. KING COUNT\', WA O~,~.~~«, ::::':~:.....,~.-:::U~~; EXHfBfr~ -B "-'--.. arir oF � --- � El� uv � DATE: October 31, 2000 TO: Phi( Watkins, Chair Land Use and Transportation Committee VIA: David H. Mose(ey, i• �ager FROM: Marwan Sa(loum, Street Systems Ma�iag SUBJECT: South 298` Strcet Vacation Request BACKGROUND As part of the Tresden Place Plat being developed by Sound Engineering, the City of Federa( Way, in conjunction with reviewing the proposed p(at, has requested that South 298`�' Street be reconfigured so tliat it intersects perpendicular to Military Road and connects directly across Military Road to a continuation of South 298` Street. As a result, the properly owners are requesting- that the existing a(ignrnent of South 298`� Street be vacated outside of the proposed rig(it of way. See the vicinity map in the attached staff report for the exact (ocation. Sound Engineering is deve(oping the property which abuts the areas requested to be vacated, and is reconstructing South 298` Street as a two-lane road�vay, with curb and gutter, sidewalks, streettights, landscaping strips, etc. Granting the vacation as part of the reconstruction of South 298�' Street woutd provide for better road design and street connection to Mititary Road. The petitioners have met a(I the app(icable mandatory criteria, as well as the discretionary criteria required for granting the vacation request. See the attached staff report for further details. Staff recommends granting the vacation request. RECOMMENDATLON Staff recommends placing the following items on the November 2(, 2000 Council consent agenda: t) Authorization to proceed with the street vacation request for South 298 Street. 2) Approval of the Resolution to fix the date and time of the public hearing, to be at the Counci( meeting on December 19, 2000 at 7:00 p.m. 3) Approval of the street vacation request at the public hearing with the foltowing conditions: a) The property wil( be exchanged for property in whic(i t[ie re-aligned street will be located. b) . Al( existing utilities within tlte right of way area to be vacated must be relocated into the n�w right of way or a uti(ity easement must be granted over existing utilities. , c) The street vacation is subject to the completion of construction and City acceptance of tlie new street alignment. MS: jlf k:\I u tc\2000\298 stvac. doc , ' r'i ... t�ECE(VEO AnPiica�t: Public Wotks Ocpartmc�t Namc: � City ot fcdc�al Way JUL 2 1 2000 •�� Q 13530 lst Way South Address: � -/ fedc�al Way, WA 98003 � �� r,lA ��Q,(f�rYj _ v ISU��DINGOGP7.Y�Y Wf��iv Phone: � � J 0 � Sfreet and/or Ailey Vacation Application and Petition Ooar Mnyo� and Fadoral Way City Council: a We, the undersipned abutting property owne�s, hereby respectfully �equest that certain Qortions of 298th hereby be vacated. (Gene�al Location� Leaal - D — escn � tio - � r a� See. a,�7"a.c�ed �-� Z�z��f Brief Statement Whv Vacation is Bei�o Sovaht The Cityof Federal Way is requiring the relocation of 298th as shcwn in order to facilitate a better road design and better 90� connection from 298th to Military Road. This reconfiguration also allows for two additional single family residences to be built on the vacated right of way.. Reauired Attachments � 1. Veiiticatioa as to owne�ship: . ,, . Copy of deed/contract, supporteE by Ki�p County iax �oli dtsuiptio�, � -or- . . Current title �e �( 2, Cotpo�atioNPaRnership . P�oo( of tndividual's avtho�ity to si n o� behalf of Cor atio�lPartnership shaU be submiLteQ. � 3. Aitach a cotor-�oded map ot a'scale of �ot less than i" � 200' ot the a�ea soupht to� vacatio�. (NOTE Map must co�respo�d with Iepai descripGon.1 Abuttic�4 Proputy Owne.rs' � Tax lot !f Siqaatures and Add�esses LoL elock & PIat/Sec. Twn. RG 4 � ,u. . 6�Z��f 0 � •. , W�t'96�o3 ✓% //�'.��11 .Y EJK) / k:.ti O.e, z �`d0.6+Gf4 4..rff' (..iA 9��GS App�aisal fee Paid ta:tQ Vatue PaiQ Oeed A.ccepteQ T�ade Acc :Dted ,(�z(�� j 9a �! Treasurefs Receipt No. T�easurers fteceipt No. Treasu�et's fteceipt No. Oatc: Da te: c �%�' •/, � �, / ' . , , --��--=,��-`hl,-- � � i�l �1,1 j a 1 1.1 II�1 � 19 � � SXSS wt �� N� ,' y�pp y i �� s.cK .,. �' i rt br�s 1 I I a us.� � I 1 rc�n 1 rc�n �.� 1�1 I�1 � �-- — ` — :�� ,—�I` J I . 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PMl CM0�4�S • (MO PV�.�C�S �...: LS] {T3-ao<d WtY r+� w-c. Lt< vo6 (.c Lil {7]-4lK f.o...ti �rw �aWi e-+.0 - TRESOEN Pl1lCE PREL(M(NaRY PIQT LQYOUT A PORTION OF THE HE 1/4 OF SE 1/4 OF SEC. 4, TWP. 21N., RGE � E., W.M. KING COUNTY, �lA City of Fcdcral Way STAFF REPORT TO TIiE LAND USE AND TRANSPORTATION COMMITTEE PETITIOI�I FUR VACATION OF A PORTION OF SOUTH 298�� STItEET Federal WayFileNo.00-103966-00 DATE: PROPOSED ACTION: PETiTIONER: LOCATION: REPORT PREPARED BY: RECOMMENDATION: I. BACKGROUND October 31, 2000 Petition for vacation of a portion ofSorrl/r 298`" Street Sound Engineering, Inc_ See attached vicinity map, (egat description and vacation map John Mulkey, Street Systems Engineer Grant Vacation Sound Engineering has petitioned the City to vacate a poction of South 298`�' St�eet, to the east of Mititary Road. See the vicinity map, tegal description (Exhibit A), and accompanying map of the area to be vacated (Exhibit B) for exact location. The right-of-way width in the area requested for vacation and re-alignment is sixty (60) feet. The existing intersection of South 298`� Street and Mi(itary Road is offset, with tfie western portion (ocated approximately eighty (80) feet to the north of the eastern portion. The street vacation is being sought as a means to atign the intersection of South 298`� Street perpendicular to Mi(itary Road, and tocating the intersection directl across Milita Road from a continuation of South 298` Street. This vacation is being requested as part of a proposed development consisting of forty-six (46) [ots north of South 298`� Street, and two (2) lots soutli of the proposed ce-alignment of South 298` Street. The re-alignment of Soutli 298`" Street wi!( a(low for the two additional siagle-family residences to be built in the vacated cight-of-way. There are two 2 ro erties located on the eastern end of South 298` Street, which do not abut the right-of- way area to be va ated, but requice South 298` Street for access. There is one property to the South of 298` Street abutting the area to be vacated, which a(so .requires South 298 Street for access. The access�to these properties will be maintained through the re-alignment of South 298` Street. II. COMPLTANCE WITH CRITERIA DESCRIBED IN TI�E CITY OF FEDERAL WAY ORDINANCE NO. 91-107 � A. Mandatory Critcria: The fol(owing crite�ia are mandatory and must be met before a petition for a street vacation may be approved ' Criteria #lA — Tlte vacation provides a public benefit or is jor a public Ge��efit. Tlie be'nefef nray iitctude economic or business suppor( t/ial !/ie corr�nuuti[y as a wl�ole de�ives j�om [Ire aGu((ing proper(y owiier. ,+ October 31, 2000 S 298`�' Screct Vacation Staff Report Page 2 The re-a(ignment and vacation of South 298 Street wil( locate the roadway so that the intersection is perpendicular to Military road and aligned directiy across Military Road from a continuation of South 298�' Street. These improvemenls will bring the intersection into compliance witl� safety slandards oflhe city of Federat Way, which allow the intecsection angle to deviate from ninety (90) degrees by a maximum of fifteen (15) degrees. The current intersection angle deviates from ninety (90) degrees by approximately twenty-eight (28) degrees. The retocation of the South 298` Stceet to a position directly across from the continuance of South 298`� Street also eliminates conflicting movements for drivers who would travel through the intersection to the east or west. [t would eliminate two (2) tuning movements, allowing drivers to proceed straight through the intersection_ This is especia(ly important with the expected increase in trafftc expected from the deve(opment of this area to approximatety two liundred (200) vehicles per day. This re- a(ignment has been requested by the Traffic Division as part of the approval process for this development. Criteria �#1B — Tlic strcel, a[lcy or porf�orr tliereoJis no longer required for public use. The street witt be re-aligned with a new right-of-way location, not abandoned. Therefore this criteria is not applicabte. Utilities wil( need to be relocated or an easement granted through the property if current locations are to be maintained. Criteria #1B — Tl�e vacalion does no[ crbut a body of waler, suc/r ns a river, a lake, or sal! waler, except for a public purpose sucli as a park or porl faci[ity and wliic/r reverts to a pub[ic aut/tority. This right-of-way is not located in the vicinity of a body of water, therefore this criteria is not applicable. B. Discretionary Criteria: Compliance with tlie following criteria is not mandatory, but the Council must consider them in making its decision. Criteria #2A: — Tke vacation �ueets lke intenl of tke City's Con�preltensive Pla�r's general purposes aad ' objeclives. The City's Comprehensive Plan has a requirement of a sixty- (60) foot right-of-way for this c(assification of roadway, which is what is called out in the proposed plans for the development. The re-aligned roadway � will provide access to the proposed development, which wil( be the constcuction of forty-eight (48) new homes. The development will be high-density singie family, as per the zoning criteria laid out in the City's Comprehensive Plan. Criteria #2B — T/ce vacation provides for an excicange of public property in t/�e pub[ic interest. The right-of-way will be re-aligned so tl�e property wil( be exchanged for property in which the street will be tocated in an improved, safer location. Critcri #2C — Wlicthc� conditioirs nray so dc�rtgc in d�e ftdr�re as to provide a grealer use or rreed [ka�c � presenl[y exis[s. , E3ecause ttte vacation is Cor re-a(ignme�it of South 298`�' Street to a new location, not abandonment, ttie proposed"vacation wi(1 provide for improved, safer futuce use to the area east oC Military Road. Although the City's Compcettensive Plan docs not cal[ for the placement of an underpass beneath interstate S along South 298�' Street at tfiis time, the proposed intersection re-alignment would make such aa option more viable. By re-aligning the i�tersection of South 298`�' Strcet and Military Road, the proposed re-alignment would providc for continuous stcaighl movcmcnt through the intersection, eliaiinating two (2) tuning movcmeats as is currcntly rcquired. October 31, 2000 S 298` Street Vacation Staff Repo�t Page 3 Critcria #2D — Wlretlrcr objcctions [o lkc proposcd vacalio�r a�e nradc by owi:ers oj privatc properly (exclusive ojpcliliorters) abultirrg tl�e san�e. The two (2) property owners abutting the proposed vacation, Dick Butko and Chanthaboun Phasavatli, have both signed t(►e Street and/or Alley Vacation Application and Petition and have raised no objections. Criteria #2E — T/ie vacatiorr would no! inlerjere willr julure developmerit or access !o otJrer exisliag or julure developnee�tts. Because the vacation of South 298` Street is proposed for re-alignment to aa improved, safer location, not abandonment, access to existing and future development would be improved, not diminished by tlie re- a(ignment and vacation of the right-of-way. Access to prope�ties east of Mi(itary Road along South 298`�' Street must be maintained throughQUt the construction of the new roadway. Existing utilities, inctuding water, gas, overhead power, cable, and telephone, must be either re(ocated or granted an easement through the property before vacation is allowed. ILI. RECOMMENDATION All criteria as set forth in Ordinance 91-107 for gcanting a street vacation have been met. The completion of the re-a(ignment of South 298`�' Street will allow for the exchange of property with the vacation of the portion of South 298` Street. Staff recommends the petition for street vacation of a portion of South 298`�' Street, east of Military Road, be granted under the condition that the above no��ed utilities are eithec relocated or granted easements througt� t[ie property, and the re-location of South 298 Street is compteted and accepted by the City. k:\streets\vacation�south 298th streetlstaff rcpod 298th.doc