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Home My WebLink AboutCOW 2009-12-14 Item 5B - Ordinance - 259 Acres of Real Property Annexation (Tukwila South Project Property) COUNCIL AGENDA SYNOPSIS �IILA 0 .q Initials ITEM No. k 44:5, Initials Meeting Date Prepared by 1 Mayor's review 1 Council review COLD 1. .1 06/08/09 I LV 1 06/15/09 I LV 1 I k i n 12/14/09 I LV 1 7 1 �.�=t�Y1/ 22—C, C< 2901 I 1 I D ITEM INFORMATION CAS NUMBER: 09-076 I ORIGINAL AGENDA DATE: JUNE 8, 2009 AGENDA I'lV.M TITLE An ordinance of the City Council of the City of Tukwila, Washington annexing approximately 259 acres of real property known as the "Tukwila South Project property" CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 12/14/09 Mtg Date Mtg Date Mtg Date 12/14/09 Mtg Date Mtg Date 06/08/09 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/ SPONSOR'S The Tukwila South Project includes annexing 259 acres into the City from King County. A SUMMARY public hearing was held June 8 and 15, 2009 and Ordinance 2241 was adopted. The Boundary Review Board approved the annexation on November 20, 2009. The ordinance under consideration now completes the annexation process; Council is asked to deliberate and move the item forward to the Special Meeting on December 14. If the annexation is not completed by the end of 2009, the Tukwila South Development Agreement terminates. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planting Comm. DAI'E: Tukwila South Project No Committee Review RECOMMENDATIONS: SPONSOR /ADMIN. Mayor recommends approval COMMITTEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/08/09 Forward to 6/15/09 Regular Meeting 06/15/09 Adopted Ordinance #2241 12/14/09 MTG. DATE ATTACHMENTS 06/08/09 Informational Memorandum date 06/08/09 Ordinance in draft form 06/15/09 Ordinance in final form 12/14/09 Informational Memorandum dated 12/14/09 Ordinance in final form 1 3 14 City of Tukwila TO: Mayor Haggerton City Council FROM: Lisa Verner, Project Manager DATE: December 14, 2009 SUBJECT: Tukwila South Project Annexation ISSUE BACKGROUND INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor Annex the portion of the Tukwila South Project property (259 acres) in King County into the City of Tukwila as part of the overall Tukwila South Project approvals. The first part of the annexation process was completed in 2005; the second part was completed in June, 2009; the final part will be completed now. On November 12, 2004, a Request for Annexation was received from La Pianta LLC. The Request was signed by owners of 10% of the value of the property included in the request. Pursuant to RCW 35A.14.120, the City Council set a date, no more than sixty (60) days after the filing of this request, for a meeting with the signers to determine whether the Council would accept, reject or modify the proposed annexation and resolve other issues as required by state law. This Regular Meeting was held on January 18, 2005. The Council unanimously voted to accept the 10% Request as submitted, to authorize the circulation of the Petition for Annexation (60% Petition), and to require the following: 1. the simultaneous adoption of zoning regulations; and 2. the assumption of a proportionate share of existing city indebtedness by the area to be annexed. The Petition was signed and submitted by La Pianta representatives upon Council approval of the Tukwila South Development Agreement and related land use issues (June 8, 2009). On June 15, 2009, Council adopted Ordinance 2241 annexing the Tukwila South property subject to Boundary Review Board approval. The Notice of Intention to Annex was submitted by the City to the Washington State Boundary Review Board (BRB) for King County with a request for public hearing. The BRB held a public hearing on October 20, 2009; at the close of the hearing Board members directed staff to prepare a motion to approve the annexation. At its regular meeting on November 12, 2009, the BRB voted unanimously to approve the Tukwila South Annexation. To conclude the process, the City Council must now adopt a final ordinance annexing the property and setting an effective date. The effective date in the Ordinance before Council is December 31, 2009. This date has been coordinated with the various King County departments that need to 15 INFORMATIONAL MEMO Page 2 transfer the annexed property. This date also meets the timeline laid out in the Development Agreement. RECOMMENDATION The Council is asked to deliberate on this annexation ordinance at the December 14, 2009 Committee of the Whole meeting and to forward it to the December 14, 2009 Special Meeting for adoption. ATTACHMENTS Ordinance annexing the Tukwila South Project property 1 6 W InfoMemosITSAnnexl2-14- 09.doc City of 'Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE "TUKWILA SOUTH PROJECT PROPERTY PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.14.120 provides that "proceedings for initiating annexation of unincorporated territory to a charter code city or non charter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed," but that "prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings;" and WHEREAS, La Pianta, LLC is the owner of approximately 259 acres of real property known as the "Tukwila South Project Property;" and WHEREAS, on November 12, 2004, La Pianta, LLC submitted a Request for Annexation "Request which was signed by owners of not less than ten percent of the value of the property included in the Request; and WHEREAS, on January 18, 2005, the City Council met with the initiating parties as part of its regular City Council meeting pursuant to RCW 35A.14.120; and WHEREAS, on January 18, 2005, the City Council unanimously voted to accept the Request and to authorize the initiating parties to circulate the Petition for Annexation seeking the signatures of the owners of sixty percent of the assessed valuation of property within the proposed annexation "Petition on the following conditions: 1) that zoning regulations are simultaneously adopted, and 2) Petition signers consent to the assumption of the proposed annexation area's proportionate share of existing city indebtedness, if any; and WHEREAS, on June 8, 2009, during its Committee of the Whole meeting, the Tukwila City Council held a public hearing following publication of proper notice thereof as provided in RCW 35A.14.130; and WHEREAS, on June 8, 2009, during a Special meeting, the City Council approved the related Tukwila South Development Agreement and other related land use issues and La Pianta, LLC submitted its signed Petition; and WHEREAS, the Tukwila City Council desires to annex the area described and shown in the Petition and on June 15, 2009 adopted Ordinance No. 2241 annexing the area subject to Washington State Boundary Review Board of King County approval; and WHEREAS, the Washington State Boundary Review Board of King County held a public hearing on October 20, 2009 and approved the Resolution and Hearing Decision for File No. 2304, City of Tukwila, Tukwila South Annexation, at its regular meeting of November 12, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The City of Tukwila hereby annexes the Tukwila South Property, which is legally described in Exhibit A and depicted on the map in Exhibit B, attached hereto and incorporated herein by reference. Section 2. Conditions Upon Annexation. A. Comprehensive Plan, Shoreline Master Plan and Zoning Designations. The Tukwila South Property shall be subject to the Comprehensive Plan, Master Plan and Shoreline Master Plan map amendment to designate the property as Urban Environment and Tukwila South Overlay District subject to zoning regulations as set forth in the Tukwila South Project Development Agreement adopted on June 8, 2009 W \Word Processing\ Ordinances \Tukwila South Project Property Annexation.doc LV:ksn 12/09/2009 Page 1 of 2 17 1 B. Assumption of Existing Indebtedness. The Tukwila South Property shall be assessed and taxed at the same rate and on the same basis as the property in the City of Tukwila is assessed and taxed to pay for the portion of outstanding city indebtedness, if any, which indebtedness has been approved by the voters, contracted for or incurred prior to or existing at the effective date of the annexation in Section 1 of this ordinance. Section 3. Effective Date of Annexation. The effective date of the Tukwila South Annexation shall be December 31, 2009. Section 4. Effective Date. This Ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be m full force five days after passage and publication as provided by law Section 5. Certification of Ordinance to King County. Upon passage the City Clerk is directed to file a certified copy of this ordinance with the King County Council, pursuant to RCW 35A.14.140. Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2009. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attomey Attachments: Exhibit A Tukwila South Property legal description Exhibit B Area Map W Word Processing Ordinances \Tukwila South Project Property Annexation.doc LV:ksn 12/09/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 Exhibit A Legal Description of Tukwila South Annexation 'Those portions of Section 35, Township 23 North, Range 4 E. Willamette Meridian; Section 2, Township 22 North, Range 4 E. Willamette Meridian; and Section 3, Township 22 North, Range 4 E. Willamette Meridian, lying south of the City of Tukwila corporate limits as established by the City of Tukwila Ordinances 1125, 472, 269, and 696; East of the east right -of -way margin of Interstate Highway 5; East of the west right -of -way margin of Orillia Road South; North of the north right -of -way margin of South 204th Street and west of the City of Kent Ordinances 2114 and 2351; Together with: That portion of South 204th Street Tying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727, and westerly of the thread of the Green River." 19 o VCNTY MAP a DENOTES ANNEXATION BOU D Y1 DENOTES PAA BOUNDARY 1 EXHIBIT B L