Loading...
Res 02-370 RESOLUTION NO. 02-370 A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY OF FEDERAL WAY, WASHINGTON, GRANTING A PETITION FOR VACATING A PORTION OF SOUTH 316th STREET, ABUTTING THE SOUTHERN BOUNDARY OF MIRROR LAKE ELEMENTARY SCHOOL. WHEREAS, a valid petition has been filed by the owners of at least two-thirds ofthe abutting property requesting vacation of a portion of South 316th Street, abutting the southern boundary of Mirror Lake Elementary school; and WHEREAS, pursuant to Resolution 02-367, the Federal Way City Council held a public hearing at its regular meeting on August 20, 2002 to consider the petition for vacation as required by state law and Federal Way City Code (FWCC) Section 13-102; and WHEREAS, following the conclusion of the public hearing on August 20, 2002, 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 June 25, 2002 and attached hereto as Exhibit A; and WHEREAS, pursuant to state law and FWCC § 13-102, the City may require the owners of the property abutting the street or alley to compensate the City in an amount that does not exceed the full appraised value of the area vacated; and WHEREAS, pursuant to FWCC § 13-102, the City may reserve an easement for the construction, repair and maintenance of public utilities and services and may impose such other conditions or limitations as it deems necessary and proper to preserve any desired public use or benefit; and RES # 02-370 ,PAGE I CC(Q)~1f WHEREAS, in order to ensure payment to the City of the appraised fair market value ofthe right-of-way to be vacated and to ensure that easements have been granted across the property for all affected utilities, the Council wishes to defer adoption of an ordinance effectuating the vacation until the payment has been made and the easements granted; 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 § 13-102. 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 ofthe right of way identified in Exhibit B is hereby granted, subject to the adoption of a street vacation ordinance as required by FWCC § 13-103. 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. Utility easements have been granted to all existing utilities within the right-of- way area to be vacated. B. The owners of the abutting property have paid the City the appraised fair market value of the right-of-way to be vacated. Section 4. Severability. If any section, sentence, clause or phrase of this resolution RES # 02-370 , PAGE 2 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 Da~. 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 ..:¿.Ø4.., day of y ,2002. ~T ~R~~ M. Y R, JEANNE BURB E APPROVED AS TO FORM: t.¡J~ c::?~ INTERIM CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 8/13/02 PASSED BY THE CITY COUNCIL: 8/20/02 RESOLUTION NO. 02-370 K:lResolutionlSouth316thSoeetVacation RES # 02-370 , PAGE 3 EXHIBIT "A" City of Federal Way STAFF REPORT TO THE LAND USE AND TRANSPORTATION COMMITTEE PETITION FOR VACATION OF A PORTION OF SOUTH 316TH STREET Federal Way File No. 02-101347-000-00-SV DATE: June 25, 2002 PROPOSED ACTION: Petition for vacation ofa portion of South 316'h Street PETITIONER: Federal Way School District, No. 210 LOCATION: Next to MirTOr Lake Elementary School REPORT PREPARED BY: John Mulkey, Street Systems Engineer RECOMMENDATION: Approval of Street Vacation Request I. BACKGROUND Federal Way School District has petitioned the City to vacate a portion of South 316'" Street, abutting the southern boundary of Mirror Lake Elementary School property (See Street Vacation Petition (Exhibits A), the vicinity map (Exhibit B), and S 316'" Street legal description (Exhibits C) for exact location.) The area requested for vacation is unopened right-of-way that has been maintained by the school district. The right-of-way width, for South 316'" Street is thirty (30) feet, which abuts the school property along its entire southern border. There is no ultimate roadway section for S 316'" Street's Right-of-way, shown in the City's comprehensive Plan. The area in which the Right-of-way area is located is zoned Residential 7.2 and is listed as single family, High Density in the Comprehensive Plan. The street vacation is being sought as part of a plan to improve the safety of bus flow, through the school property and add parking because the current configuration has been determined to be unsafe. The area to be vacated on S 316 Street has eleven (I 1) abutting landowners, in addition to the School District, of which the School district has collected 7 signatures. Vacating the requested area of right-of-way would not interfere with the current or future function of City streets, would improve the safety of bus traffic through the school property, add parking for staff and parents. The school district petitioned for a street vacation fora portion ofS!h Avenue South area in 1994 for a similar project, but did not complete the required process. II. COMPLIANCE WITH CRITERIA DESCRIBED IN THE CITY OF FEDERAL WAY CODE (FWCC) SECTION 13-102 A. Mandatory Criteria: The following criteria are mandatory and must be met before a petition for a street vacation may be approved: Criteria #1a - The vacation provides a public benefit or is for a public benefit The benefit may inelude economic or business support that the community as a whole derives from the abutting property owner. Mirror Lake Elementary School Street Vacation Staff Report It was determined in a study, dated February 8, 1994, by Mirror Lake Elernentary Schools Neighborhood Safety Committee, their Community Service and Security Officers, and a City representative that the current configuration of the parking lot and bus loop area for this school is unsafe, as bus and car traffic are not separated. The vacation of a portion of South 316'" Street will allow the school district to separate the bus and car traffic and increase the parking area, so that students may be dropped off within the school property without disrupting bus traffic flow. Criteria#lb - The street, alley or portion thereofis no longer required for public use. The area encompasses unopened right-of-way, which has not been used for access, and is only thirty (30) feet in width. South 316" Street cannot be extended to the east because of an existing house and an extension to the west would place the intersection with 6'h Avenue South too close to the existing intersection of South 316'h Place and 6'h Avenue South. This area was conveyed to King County by the school district in 1960. Criteria #Ic - The vacatio/l does /lot abut a body of water, such as a river, a lake, or saltwater, exceptfora public purpose such as a park or port facility a/ld which reverts to a public authority. 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 - The vacatio/l meets the intent of the City's Comprehe/lsive Pla/l 's ge/leral purposes a/ld objectives. The City's Comprehensive Plan has no requirements for future roads in the locations proposed for vacation. The area in which the right-of-way is located is zoned Residential7.2 and is listed as single family, High Density in the Comprehensive Plan. The vacation of a portion of South 316'" Street does not interfere with the purpose or objectives of the City's Comprehensive Plan. Criteria#2b - The vacation provides for an exchange of public property in the public i/lterest. There is no exchange of public property associated with this vacation petition. Criteria #2c - Whether conditio/ls may so cha/lge in the future as to provide a greater use or need than presently exists. The only condition that could arise is redevelopment of the school parcel. If this were to occur, all appropriate conditions, including new rights-of-way would be dedicated at that time. Criteria #2d - Whether objectio/ls to the proposed vacatio/l are made by ow/lers of private property (exclusive ofpetitionelS) abutting the same. At this time the City has received no objections to this vacation request. Criteria #2e - The vacatio/l would not interfere with future development or access to other existing or future developme/lts. 2 ¡. Mirror Lake ElementJIty School Street Vacation StJlffReport Because the properties abuttIng the proposed area for vacation are already developed, no existing or future development would be dê¡1Íed access as a result of the proposed vacation. Existing utilities, including water, sewer, gas, overhead power, and telephone, rnust be either relocated or granted an easement through the property before vacation is allowed. ITI. RECOMMENDATION All criteria as set forth in FWCC Section 13-102 for granting a street vacation have been met. As per RCW 35.79.030, because the property has been part ofa dedicated public right of way for over twenty five (25) years, the full amount of the appraised value (based on an appraisal acceptable to the City) of the land will be required as payment to the City. Staff recommends the petition for street vacation of a portion of South 316'" Street be approved, under the condition that the above noted utilities are either relocated or granted easements through the property. k\sn-eets\sn-eetvacatiĊ“\mirror lake e1ementarylstaffreport.doc 3 --: _a'¡!Y3/~2_.~P_.~_3.;.a_~_..!:'M_".a6 2.~:-a220 SHORETT-KHS-APP-SVC JUH-14-"'" FR' .11'4" ",r j'LL PEHH'HG;TOH .'~, 4"'946"-4 C,-.. ~aa2 P."'" 06/10/a2 HO" 21' H 'FAX 206 205 a220 SHORETr-K"S-APP-SVC ~002 Applicant' Nø.>ne. _Fe.d...a! Way Schoo! Di.$t,ict ":no Address, _cro Mike Carl..!. Fedcra! Way Schoo! District 1066 S. 320tb Federa! Way. WA96003 253 945 2000 I mrRrtlstC1!>fwsd wedlJ!>!:&!W Phone. STIU~ET andre1' ALLEY VACATION and PETITION Dear Mayor and Federal Way City Council: "'" e. the undersigned abutting property owners. hereby respectfully request that certain u..improved street right-of-way herebybe vacated. General!ydescribedas that portion ofS. 3,6'" Stccetly!ng south of the Mirror Lake Elementary School. Lee:a.l Descrip.ion The South 30 of the southeast quarter of the nor<hea.st quarter of the southwest quarter of Section 8. Township:n North. Range 4 East, W.M. in the City of Federal Way, King County, Washington. Exce-pt fox the ",est 30 feet thereof. Uriei' S.atemen. ,\Thy Vacation ï.... Beine: Sought Revision. of the lV[irror Lake Elemen.ary School bus loop and parking lot. ~ed At1:achm..n~ '" Vedfication as to o,^TI..rship in the form of n Preliminary Commttment for TItle Insurance D Corporation/Pattne ,ship (if applicable): Attached D Attnch a color-coded. mnp of a scale not less than ," ~ 200' of the area sought for vacation. .Note: Map mu"t correspond yiith legal description. D Application fe", AbuUing Property Owners' Signa.ures and Addresses Tax Lot '" Lot, Block & Pla1!Sec. "IWn. RG .-(.-,~..,..;t:t.t ,.:5 h.~""" ~"".6el- Dðo..... & Timothy~gJf Shupien 31614 6,b Ave S. Federal Way ,,8003 ~n~~' PARCEL #794170 0010 LOT 1, SPRINGWOOD PARK"3 PARCEL "794160 0080 LOT B. SPRlNG"VOOD PARK #2 ADgclo Boer! 610 S X:l ~~~ J. & ~ R Pennington 616 S 316'" PI. Federal VIray 98003 ) ..<jf:'iL~..<--;;~ J^-~=--'vJ~ '~'¿:A ¿ú d-r7J.¥l.(J...~. Rebecca J. Goff &. Steven P. Nesdore 620 S 316'" PI, Federal Way 98003 PARCEL #794160 0070 LOT 7, S.PRlNGWOOD PARK #2 PARCEL #794160 0060 LOT 6, SPRINGWOOD PARK #2 PARCEL #794"50 0060 LOT 6, SPRINGWOOD PARK '" IV! K Hannon 316107'" PI S, Federal VI'ay 98003 .~ :;J 7Ï'\ ~tA<'~ f>.k-ff-:k ,-j---.::. -.1.:0.;.. ell, &. Ronnie Lee Mccracken 31611 7'" Ave S., Federal Way 98003 ~~ PARCEL #794>500070 LOT 7, SPRINGWOOD PARK #1 Michael C. PeterSon 316001" Ave S., Federal Way 98003 Kevin A. & Cindy M. Hildebrandt 316147'" Place 5., Federal Way 98003 Fee Paid PARCEL #794160 0050 LOT 5, SPRINGWOOD PARK #2 PARCEL #794150 0080 LOT 8,SPRINGWOOD PARK #1 PARCEL #794150 0050 LOT 5, SPRINGWOOD PARK #1 Treasurer's Receipt No. Treasurer's Recdpt No. Appra;sal Fee Paid Land Yalue Paid Treasnrer's Receipt No. Date: Date: Deed Accepted Trade Accepted K,ISTREETS\ROW\V,~(~" Prou".doc Betl'~ M. flÐr1..5 31513 g-i4 Ævt- S, ¡::w,al 0>'\1 ,,/8003, P<1.("cd .:!\:- '3£<2~ô() Dof-'S ßLK 3 LoT JTf12RaGENE .4Db . _.O,6/U/O~. TlI!!_.!..~,!'~-'£~:<:,.J'_0.6 ~ --.'- -'--.-.--- ;220 SHORE'IT- KHS - APP- SVC JUH-"'-"" FR< i,:.... AM JXLL PEHHXHCTOH :>b' ...,.." ....".. ¡!j002 P."'" 061L0/02 ¡¡ON 2U6x'...'cX zoo z05 OZ20 SHORBTT-K"S-APP-SYC !¡!j002 ~,;:; . - EI:J~ ~~~ Apptic...nt: N...",e: _Fedcre.1 Way School D,-<"'¡c, ",,>0 A<1dx-"'6S: _c/o Mike Carlisle Federal Way Sellool District 1066 S. 32.0,h Federal Way. WA 98003 2539452000 I mr.rlts'(a>lwsd wed~ Phone: STRl,ET and/el' ALLEY VACATION and PETITION Dear Mayor and Federal Way City Council: ""'e, the unders<gned abutting property owners. hereby respectfully request that certain unimproved street eight-of-way herebybevaçated. Generallydescribed"s that portion ofS. 3161" Streetly!ng south of the Mirror Lake Elementary School. Lel<al De...cri¡;>tion The South 30 of the southeast quarter of the northeas< quarter of'the soulhwest quuler of' SecHon 8, Township 21 North. R"nge 4 Eas<, W.M. in the City of' Federal Way, King County. "'Vashington. Except for the west 30 feet thereof. Brier Statement "\Vhv Vacation is Beinl< Sought Revision of the l\1irrol" Lak" Elementary School bus loop and paddng lor. ~ed Atlachment:s: a Verification as to av.nershi¡;> in the form of a Preliminary Commitment for 'ritle Insurance a Corporation/Partnership c;fapplicable): Attached 0 Attach a color-coded map of a scale not less than 1" = 200' ofthe area sought for vacation. -Note: Ma¡;> mu:;t corres¡;>ond ",,-Ith legal descri¡;>tion. Application feoo Abutting Property Owners' Signatures and Addresses Tax Lot" Lot, Block & Plat/Sec. """'. RG '-(VI:'~t ,.-Sh.,~"", <'\n.çdð. D.o..,n & Timothy=§gJr Shupien 31614 6'hAve S. Federal Way 98003 ~n~~' PARCEL #794170 0010 LOT 1. SPRINGWOOD PARK "3 PARCEL "794160 0080 LOT 8, $PRING'.-VOOD PARK #2 ADgelo Boed ~l'.~~~ J. & ~ R Penniugtan 616 S 316'" PI. Federal ""ay 98003 ~ ..'if-iL,..<~~ J^--c...,-c.--"'J~ ;~.¿¿ "'" d'í'}j"<l-4-""£ Rebecca J. Goff & Steven P. Nesdore 620 S 316'" PI, Federal Way 98003 PARCEL #794160 0070 LOT 7. S.PRlNGWOOD PARK "2 PARCEL #794160 0060 LOT 6, SPRlNGWOOD PARK #" PARCEL #794150 0060 LOT 6, SPRlNGWOOD PARK #1 M K Hannon ",6107" PI S. Federal "'ay 98003 .~ ~ Yi'l ~~~ ß~ff4 ,:y-p,q,:; -.:La<>r. "llJ Ii< Ronnie Lee Mccr"cken 31611 7'" Ave S., Federal W"ay 98003 PARCEL #794150 0070 LOT 7, SPRlNGW"OOD PARK #1 ~~ ~ 200 0 200 400 600 800 Feet ~ MIRROR LAKE ELEMENTARY STREET VACATION N W*E Mep p"nted-Jun 25 2002 EXHIBIT B Federal Way CityMap MM me.. hv .KCM Nole, This map is inlenled for use as a graphical tepresentation only The Cdy of Federal Way makes no warmnly as 10 its accu'acy, ,;> ,,0 . ,,>" ø ~ "' ~I . , ~' ,"@1Ji (IJ -: ~¡ 1 ',-, ¡I' ~ ~ ~ "> ~ PROPOSED STREET VACATION EXHIBIT PORTION OF SOUTH 316th STREET I~ "lL ~'- ,v,;, 16 <".,' n':> - ~~;,';';' ~ S 314 T!=<o ST ~ ,r'"rr â} NOT TO SCALE .", rf< _"'5 AREA TD BE VAc.ATEÞ _AVID EVANS ANDASSOCIATES INC. 3700 Pacific Hwy, East, Suite 311 Tacoma Washinglon 98424 Phone: 253,9229780 ,I ð ' :;; 0"" ¡:: I~, OJt S 314 H --, & n'- ",. 0':' ,""ll ;, 30 : l 0 <"yO':: \f), 02 , ,,' Q) @' > 0;{ , ) ",,::, ( ) 40 ~" <'!;,:/ <Ii w; > « :r: 3 :;; ¡ ~ ~ ' ~ :~ .£ "> 5. 3/5 ~ ,f'Ä¡ .' (Y ,. ,. . . ", , , '" ,I"," ~ . L , . Petition for Street Vacation - Portion of South 316th Street Legal Description The south 30 feet of the southeast quarter of the northeast quarter of the southwest quarter of Section 8, Township 21 North, Range 4 East, W.M., in the City of Federal Way, King County, Washington. Except the west 30 feet thereof. Situate in the City of Federal Way, King County, Washington. Description prepared for Federal Way School District #210 By Darrell Plein, June 19, 2002.