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Permit 79-12-A - SEGALE - ANNEXATION ZONING
79-12-a 57th avenue south segale annexation proposed zoning 4 City of Tukwila 2 6200 Southcenter Boulevard Tukwila Washington 98188 23 April 1979 Edgar D. Bauch, Mayor Bryce Martin, Executive Secretary King County Boundary Review Board W -378 King County Courthouse Seattle, Washington 98104 RE: Proposed Segale Annexation Dear Mr. Martin: Please find attached with this letter the necessary submittals to put a proposed annexation before the King County Boundary Review Board for action. The proposed area for annexation is a small 2.1 acre site lying adjacent to the south Tukwila city limits along 57th Avenue South, generally known as the Segale annexation. The City of Tukwila has received a petition for annexation from Mr. Mario Segale pursuant to the applicable state law for annexations by the petition method. The City of Tukwila respectfully requests that the King County Boundary Review Board waive jurisdiction on this matter in light of the proposed . size of the annexation area. Thank you for your consideration. Very truly yours, Edgar . Bauch • Mayor EDB /ckh At tachment s T• 7 As required by RCW 36.93, a Notice of Intention is hereby given to the King County Boundary Review Board by City of TUkwi1F (City, Town of Special Service District Defined in RCW 36.93.020(1) &(2).) Transmit the following items assembled together in eight (8) complete sets, to assist in consideration of the pro- posed action. The items submitted should be numbered in accordance with the following: 1. A brief statement regarding the general background of, and the reason for seeking, the proposed action. 2. A copy of the resolution /ordinance accepting the pro- posal, including a copy of any resolution /ordinance adopted on an environmental impact assessment or statement. • 3. A copy. of the SEPA checklist with declaration attached. (Statements with yes or maybe answers have to have been briefly explained in said statement.) 4. A description of the nature of the proposed action, EX: - NOTICE OF INTENTION FORMAT by the petition method, or by the election method, including the statutory provisions under which the action is being sought. 5. The legal description of the boundaries of the area involved in the proposed action. (This must be extremely legible,' capable of reproduction by xerox, and on a separate page entirely.) 6. A King County Assessor's Map or Maps on which the area involved in the proposal is clearly indicated, with its size in acres stated, and with the entity corporate limits in said vicinity also indicated, together with the location of the nearest service point(s) for the required services to said proposal shown thereon. 7. An 8 1/2 x 14 inch vicnity map designating the area of the proposal and at least one mile surrounding it, to- gether with all significant geographic features, including bodies of water, major streets and highways, and boundaries of all units of government in the area as they currently exist. (The scale on this map must be sufficient so that anyone would be capable of driving to the area; in cases of over- lapping governmental jurisdictions, please prepare MORE THAN ONE MAP to indicate all affected units of government. DO NOT USE SECOND OR THIRD GENERATION XEROX COPIES which will not reproduce adequately. Where boundaries are contiguous and difficult to define, please cross -hatch or tape with ' engineering tape so there is no question of identification; all units of government should be indicated so there is no question as to their boundary locations.) 48 NOTICE OF INTENTION FORMAT REQUIREMENTS Page Two 8. A map of entity corporate limits as they currently exist, upon which the proposal has been delineated. 9. Boundary Review Board review of the factors stated in RCW 36.93.170 (a copy of which is attached hereto) as they af- fect the proposal requires data responses to the following questions from the proponent. (Entities should respond to those questions which they have determined relate to their proposal and which will permit King County Council and King County Executive Staff to appropriately respond to their review requirements of Notices of Intention back to the Boundary Review Board.) A. Population, acreage, population density and per capita assessed valuation? B. Existing and anticipated land uses? C. 1. Is the area within your comprehensive plan? When was your comprehensive plan approved? 2. Do you have a current franchise for this area? If not, do you anticipate requesting a franchise amendment to cover this area? If so, when? 3. How does the proposal relate to the King County Comprehensive Plan, or any amendments thereto, for this area? 4. Are there any additional county policies, regula- tions, or studies or guidelines which have been adopted subsequent to the County's Comprehensive Plan which directly affect this area? 5. What is the present K.C. Zoning? 6. Is there a basin -wide sewer /water plan, or a County sewer /water plan affecting this area? D. Please describe the topography, natural boundaries or drainage basin(s) of the area in question. E. What significant growth have you projected for this area, (as well as the surrounding incorporated and unincorporated areas of King County), during the .next ten (10) year period? What source /documents is the basis for this projection? • F. Describe briefly how, when, and from where you propose to provide service to this area. G. Cite the location and most desirable future location of all community facilities affecting this area. H. briefly give your responses to the following: 1. Any present municipal services available to the area, and the'estimated future need for such services. 2. The effect of County ordinances, other governmental' codes or regulations, on existing land use in the area, and /or provision of services to the area. 49 NOTICE OF INTENTION FORMAT REQUIREMENTS Page Three 3. Indtcate the present cost and adequacy of govern- mental services (including the County - provided services). How will this proposal measure against such costs? 4. Is there any other municipal entity capable of providing the subject service to the area? (This includes overlapping, adjacent or in close prox- imity to the subject area.) 5. What is the probable future need for such services as the entity is proposing for this area? 6. What is your estimate of the effect of this pro- posal, or any alternative thereto, on cost and adequacy of service to this and adjacent areas? 7. What effect will this proposal have on the finances,. debt structure and contractual obligations and rights of any other affected governmental unit? J. Please review the effect this proposal will have on adjac- ent areas, on mutual economic and social interests, and in particular, on the local governmental structure of the County. 10. A review of the effect of this proposal upon the objectives of the Boundary Review Board Act (RCW 36.93.180) shows this proposal will meet the following objectives for the reasons cited: (EXAMPLE.: RCW 36.93.180(2) Use of Physical Boundaries This proposal meets the above objective because ) 11. The required $25.00 filing fee. Notices, processes and other communications regarding this proposal should be directed to the undersigned at 6200 Southcenter Boule- lard, Tukwila 98188 , who will ensure that appropriate copies ' are distributed to all initiator's interested parties. ADDITIONAL NOTE -S: Respectfully submitted, City .of Tukwila (Initiator under RCW 36.93.020(1), (2), and hoard Rules I- -3, 1 and 2.) BY: (Title and Capacity) 1. Entities have found in the past submitting the legal for checking prior to filing a NI saves time in that any errors can be corrected at that point, without delaying the time on the Notice. Francis Reissig, 900 K.C. Administration Bldg., Seattle, WA 98104 (344 -4134) will be glad to assist in this regard. 2. Questions on maps should be submitted to BRB Staff. 3. Large annexations can have the Assessor Map Requirements waived in Iieu of alternatives at the discretion of Executive Secretary Martin. Please ask BRB Staff about this if the occasion arises. 50 NOTICE OF INTENTION FORMAT REQUIREMENTS Page Four 4. Sometimes copies of previously filed NI are available at the Board's office, Please ask Board Staff if you feel it could be of some assistance to you in preparing your .:I. 5. Please don't hesitate to come to the Board's Office to ask questions regarding the NI requirements at any time. * * * * * * * * * RCW 36.93.170: FACTORS TO BE CONSIDERED BY THE BOUNDARY REVIEW BOARD In readdng a decision on the proposal or an alternative, the board shall consider the factors affecting such proposal, which shall include, but not be limited to the following: (1) Population and territory; population density; land area and land uses; comprehensive use plans and zoning; per capita assessed valuation; topography, natural boundaries and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years; location and most desirable future location of community facilities. (2) Municipal services; need for municipal services; effect of ordi- nances, governmental codes, regulations and resolutions on existing uses; present cost and adequacy of governmental services and controls in the area; prospects of governmental services from other sources; probable future needs for such services and controls; probable effect of proposal or alternative on cost and adequacy of services and controls in area and adjacent area; the effect on the finances, debt structure, and contractual obligations and rights of all affected governmental units. (3) The effect of the proposal or alternative on adjacent areas, on mutual economic and social interests, and on the local governmental structure of the county. RCW 36.93.180: OBJECTIVES OF THE BOUNDARY REVIEW BOARD The decisions of the boundary review board shall attempt to achieve the following objectives: (1) Preservation of natural neighborhoods and communities; (2) Use of physical boundaries, including but not limited to bodies of water, highways and land contours; (3) Creation and preservation of logical service areas; (4) Prevention of abnormally irregular boundaries; (5) Discouragement of multiple incorporations of small cities and en- couragement of incorporation of cities in excess of ten thousand population in heavily populated urban areas; (6) Dissolution of inactive special purpose districts; (7) Adjustment of impractical boundaries; and (8) Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character. 51 RESOLUTION ADOPTING AGENCY GUIDELINES GOVERNING THE IMPLEMENTATION OF THE STATE ENVIRONMENTAL POLICY ACT (RCW 43.21C) BY THE KING COUNTY BOUNDARY REVIEW BOARD WHEREAS, the State Environmental Policy Act ( "SEPA "), RCW 43.21C, established the Council on Environmental Policy ( "CEP ") to establish and adopt guidelines for the implementation of SEPA, and WHEREAS, CEP did adopt such guidelines effective January 16, 1976, which are codified as WAC 197010, and WHEREAS, Section WAC 197 -10 -800 specifies that each local agency is required by RCW 43.21C.120 to adopt its own rules, ordi- nances or resolutions governing the implementation of SEPA con- sistent with the provisions of this chapter (agency guidelines), and WHEREAS, WAC 197 -10 -806 specifies that the agency guidelines shall implement the provisions of that chapter and be consistent . therewith and incorporate the criteria and provisions of Chapter 197 -10 of the Washington Administrative Code by operation of Law except for the provisions clearly designated as optional, but that agencies may add additional procedures or criteria to those set . forth in that chapter if they are not inconsistent with or contra- dict that chapter and do not make compliance with any provisions • of that chapter a practical impossibility, and which additional provisions shall also be consistent with SEPA, and WHEREAS, it is the desire of the King County Boundary Review Board to avoid misunderstandings by stating its interpretation of the SEPA Guidelines and to provide procedure for its implementation of the SEPA Guidelines, NOW, THEREFORE, BE IT RESOLVED that the King County Boundary Review Board (the Board) adopt the following agency guidelines. Section 1. The purpose of these agency guidelines is a) to state the interpretation by the Board of cer- tain provisions of the SEPA Guidelines, WAC Chapter 197 -10; b) to point out the pertinence and application of .certain provisions of the SEPA Guidelines to the operation, function and procedures of the Board; and 52 c) to implement application of the SEPA Guidelines by the Board and provide procedure for such implementation in the function of the Board. Section 2. Having been created pursuant to RCW 36.93 the Board considers that it is a local agency within the provisions of WAC 197-10-040(23). Section 3. Actions over which the Board has jurisdiction as defined in WAC 197 -10- 040(2) (c)(iv) include the creation of, or annexation to, any city, town, or special purpose district as' de- fined in RCW 36.93.020(2), and all other actions defined in RCW 36.93.090. Section 4. The Board is considered to be an agency with jurisdiction under WAC 197 -10- 040(4) only with respect to actions defined in Section 3 hereof. Section 5. The Board may be a local consulted agency under WAC 197 -10- 040(7) in accordance with WAC 197 -10 -500 with refer- ence to actions specified in Section 3 above. Section 6. The Board will not be the lead agency as defined in WAC 197 -10- 040(19) with respect to actions specified herein with the single possible exception specified in Section 13 here- inafter set forth. Section 7. License as defined in WAC 197 -10- 040(20) em- braces the actual or implied approval of an action specified herein given a) by the Chairman of the Board under RCW 36.93.110 in such instances where approval is proper, or b) by the provision of RCW 36.93.100 where juris- diction of the Board has not been invoked, or c) by approving decisions of the Board or a panel of the Board under RCW 36.93.160. Section 8. A notice of intention as requred by RCW 36.93.090 53 for any action specified in Section 3 will be filed by the local agency as defined in WAC 197 -10- 040(23) to which such action is proposed. Section 9. A notice of intention as requried by RCW 36.93.090 for any creation action as defined in Section 3 which is a private project as defined in WAC 197 -10- 040(28) will be filed with the Board by the private applicant as defined in WAC 197 -10- 040(27) who is responsible for initiating such action. With respect to the business of the Board a private project means a proposal to create any city, town, or special purpose district defined in RCW 36.93.020 (2) . Section 10. A proposal as defined in WAC 197 -10- 040(29) is considered to'be an action as defined in Section 3 and all other actions defined in RCW 36.93.090 for which a notice of intention has been filed with the Board in accordance with its rules. Section 11. To implement WAC 197 -10 -055, the local agency or private applicant at the time of filing its notice of intention under RCW 36.93.090 of any action defined in Section 3 shall file with the Board all environmental documents as defined in WAC 197 -10- 040(15) that have been prepared with respect to such action prior to the filing of such notice of intention. As a minimum, a threshold determination with respect to the action and the en- vironmental checklist (WAC 197 -10 -365)• on which it is based, un- less WAC 1.97 -10- 300(2) applies, shall be filed with the Board by the'local agency or private applicant in conjunction with the not- ice of intention relating to such action. After the filing of the notice of intention, the local agency or private applicant shall file with the Board each additicnal environmental document prepared with 'respect of the action promptly after each such docu- ment has been prepared. Section 12. With each notice of intention, the local agency filing such notice shall designate the lead agency or lead agen- cies as determined under WAC 197 -10 -203, -215, and -220, if•the local agency filing the notice of intention is not the lead agency. With. respect to notices of intuition for creation of any .city, other than a first class city, town, or special purpose district as defined in RCW 36.93.020(2), except a metropolitan park district, filed by a private applicant or applicants, King County shall be deemed by the Board to be the lead agency in accordance with the 54 spirit of WAC 197 -10 -220; EXCEPT, where a city is proposed under RCW Chapter 35.04, or Chapter 35A.04, the priycipal county shall be deemed by the Board to be the lead agency.— With respect to notices of intention for creation of a city: of the first class, the Board will be the lead agency (see RCW 35.03.020) unless King County is designated as lead agency by agreement under WAC 197 -10 -240. With respect to notices of inten- tion for creation of a metropolitan park district (RCW 36.31.020), the city shall be deemed by the Board to be the lead agency. Section 13. Where a notice of intention has been filed with the Board by a private applicant, the Board, by formal action of the Board, may require such applicant to provide an environmental checklist under WAC 197 -10 -100, - 310, -365, and may require the private applicant to provide the Board with a threshold determination under WAC 197 -10 -100 and -330, as approved by WAC 197- 10- 805(3)(b). In addition, in the case of creation of a first class city, the Board by formal action may require the private applicant to provide a draft or final Environmental Impact Statement (EIS) under WAC 197 -10- 100(1). Section 14. The acceptance by the Board of a notice of intention shall be exempt under WAC 197 -10 -170, but the local agency or private applicant filing such notice shall not other- wise be exempt from the requirements of the agency guidelines of the Board. Section 15. Each notice of intention shall state or be ac- companied by a statement of any environmentally sensitive area under WAC 197 -10 -177 in the territory to which the action of the notice of intention relates. 1. With respect to the creation of cities (other than first class cities) and towns, see RCW 35.02.035 or 35A.03.050. With respect. - to the creation of special purpose districts, see e.g., sewer dis- tricts (RCW 56.03.070); water districts, (RCW 57.04.030); fire pro- tection districts (RCW 52.04.030); drainage improvement districts, (RCW 85.06.030); flood control zone districts, (RCW 86.15.050); ir- rigation districts, (RCW 87.03.020); drainage districts, (RCW 85.06.030` and public utility districts,(RCW 54.08.010.) 55 Section 16. The. Board is an agency having jurisdiction by law over actions specified in WAC 197- 10- 040(2(c)(iv) to which a draft Environmental Impact Statement (EIS) shall be sent under WAC 197- 10- 460(1)(c), but is not an agency possessing environ- mental expertise in accordance with WAC 197 -10 -465. Section 17. The Board is an agency with jurisdiction over actions specified in WAC 197- 10- 040(2)(c)(iv) and the final EIS should be circulated to the Board under WAC 197 -10 -600 if that EIS relates to an action for which a notice of intention has been filed with the Board. Section 18. For those actions where the Board is the lead agency, the responsible official of the Board under WAC 197 -10 -820 is the Executive:Secretary of the Board for all appropriate pur- poses under the Board's agency guidelines. Section 19. The office of the Board is hereby designated as its SEPA public information center under WAC 197 -10 -830, at least until a regional public information center is formed. The present address of the Board office is the King County Courthouse, Seattle, Washington 981&4. The Board shall maintain at its infor- mation center a register of the notices of intention, each notice being designated and indexed under a brief description of the nat- ure of the proposal which is the subject of the action to which the notice of intention pertains, and shall keep on file copies of all environmental documents pertaining to such notice. Such regis- tet shall also designate the lead agency of each action or proposal. , Such records shall be maintained for a period of three (3) years after closing of the filing of each particular action by the Board. ADOPTED BY THE KING COUNTY. BOUNDARY REVIEW BOARD this 13th ; day of January, 1977; by a vote of 10 to 0, and signed by me in authentication of its said adoption on said dat, ERNEST STOWE, Chairman KING COUNTY BOUNDARY REVIEW BOARD 56 EXHIBIT 1' BACKGROUND INFORMATION The City of Tukwila proposes the annexation by the petition method of an approx- imate 2.1 acre parcel of industrial property located adjacent and contiguous to the southern corporate limits of the City, along the west side of 57th Avenue South. The proposal to annex is made under Chapter 35A.14 Revised Code of Wash- ington (RCW), with specific reference to Chapter 35A.14.120 through 34A.14.150. The proposed annexation was initiated by M. A. Segale, Inc., property owner. The property is currently zoned M -L -P, Manufacturing Park, and is occupied•by a night watchman's residence and a trailer used as a temporary bank facility by Seattle Trust and Savings. The letter of intent to initiate proceedings for annexation was presented to the Tukwila City Council on 22 February 1979. At the 2 April meeting of the City Council (minutes attached) a resolution was passed approving the petition to annex the property (SEE, Exhibit 2). Zoning was established at the same meeting, by ordinance, to be M -1, Light Industrial, (SEE, Exhibit 3). . • - 2, 1979 Tukwila City Hall 7:30 P.M. Council Chambers LAG SALUTE AND :ALL TO ORDER ...OLL CALL OF •..CUNCIL MEMBERS JFFICIALS IN L.TTENDANCE !. :INUTE APPROVAL ,VOUCHER APPROVAL APPOINTMENTS Tukwila Park • Commission: Mildred Heppenstall and Ann Crain PUBLIC HEARINGS Street :Vacation - Southcenter Blvd. and 52nd So. requested by LeRoy Bowen Proposed zoning regulations and annexation of 2.1 Ecres west of 57th So. & adjacent to s ^uthern boundary Se ale, Inc.) Regular Meeting MINUTES Mayor Bauch, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, Council President; h1ABEL J. HARRIS, J. REID JOHANSON,.DANIEL J. SAUL, DWAYNE D. TRAYNOR. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT COUNCILMAN VAN DUSEN BE EXCUSED FROM THE MEETING. MOTION CARRIED. LAWRENCE E. HARD, City Attorney; RON SWANSON, Finance Director; MAXINE ANDERSON, City Clerk. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE MINUTES OF THE REGULAR MEETING OF MARCH 19, 1979, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Claims Fund Vouchers 42369 - 42489 Current Fund 2369 -2452 $35,359.74 Golf Crse. Spec. Rev. 2453- 2,708.00 Street-Fund 2454 -2466 11,464.89 Land Acq, Bldg, Dev. 2467 -2470 5,796.75 Water Fund 2471 -2480 12,392.46 Sewer Fund 2481 -2489 7,900.34 $75,622.18 Mayor Bauch's letter of appointment was read for the record. He is recommending that Mrs. Mildred Heppenstall be appointed to Position and and Mrs. Ann Crain to position 44 on the Tukwila Park Commission. Both ladies were originally appointed to the Commission to fill unexpired terms. The terms expired March 31, 1979. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT COUNCIL CONCUR WITH THE APPOINTMENTS OF MRS. HEPPENSTALL AND MRS. CRAIN TO THE PARK COMMISSION. MOTION CARRIED. Mayor Bauch said that Mr. LeRoy Bowen has petitioned the City to vacate a portion of property 160 feet by 20 feet lying north of Southcenter Blvd. and east of 52nd Avenue So. The City Council had previously discussed this matter in April, 1978. At that time it was.believed that the property was still under State jurisdiction. We now find that the property has been turned back to the City. The law requires that a public hearing be held. With that, he declared the Public Hearing open. No comment was received from the audience. The Public Hearing was closed. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT THIS ITEM BE PLACED ON THE COMMITTEE OF THE WHOLE AGENDA FOR APRIL 9, 1979. MOTION CARRIED As duly published, the Public. Hearings are combined on (1) adoption of proposed zoning regulations to become effective if the annexation of 2.1 acres of property lying west of 57th Ave. So. and adjacent to the southern boundary is completed and (2) to consider the annexation of said property. Mayor.•Bauch declared the Public Hearing open. He asked for comments from the audience. There being no corent, the Public Hearing was closed. 1 Z, i:r'r Face 2 FETITIONS, COMMNICATION'S, APPEALS AND SIMILAR MATTERS Receipt of Notice of 2 appeals- - Inco Express & V. Di Pietro and P. Hemenway • E. Springer OLD BUSINESS Petition for Street Vacation requested by G. E. Schneider ORDINANCES Ordinance #1107 - Amending the 1979 Budget to appro- priate unantic- ipated revenues for street projects & capital equipment Ordinance #1108- Adopting a proposed zoning regulation for the area lying outside the City (M.A. Segale, Inc.) DESOLUTICN'S Resolution =680 - Providing for interfund loan between sewer Fund Golf Course !Unlir'ited 1978 G.O. Ecnd Debt Service Mayor Bauch noted, for the record, receipt of Notice of Appeal No. 860255, Inco Express, Inc. and Victor Di Pietro D /B /A Victor Enterprises and Notice of Appear No. 860401, Philip Hemenway and Elizabeth Springer. The appeals are against the actions of the Boundary Review Board in the matter of the proposed annexation of the Riverton Area to the City of Tukwila. .The Public Hearing on the vacation of a portion of street at 65th Ave. So. (Macadam Rd.) and Southcenter Blvd. was held at the Regular Meeting of March 19th. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT THE PETITION FOR STREET VACATION BE DENIED.* Councilman Harris asked if this request could be brought back to Council again. Mayor Bauch said they could come back any time. *(MMOTION CARRIED. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila amending the 1979 budget as adopted by Ordinance No. 1090 to appropriate unanticipated revenues for street projects and capital equipment procurement. MOVED BY HARRIS, SECONDED BY SAUL, THAT ORDINANCE NO. 1107 BE ADOPTED'AS READ. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Washington, pursuant to RCW 35 A.14.330 adopting a proposed zoning regulation for the area described lying outside of the City of Tukwila, providing that said area shall become subject to said zoning regulation upon annexation to the City of Tukwila and supplementing Ordinance No. 251 as.amended. MOVED BY BOHRER, SECONDED BY SAUL, THAT ORDINANCE NO. 1108 BE ADOPTED AS READ.* Mayor Bauch noted that this ordinance provides for M -1 zoning as recommended by the Planning Commission. *MOTION CARRIED. Councilman Harris asked if this is the same procedure that will be used on the proposed Allentown annexation and was told it was. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution providing for an interfund loan between the sewer fund and the Golf Course Unlimited 1978 G.O. Bond Debt Service Fund. COVED BY HARRIS, SECONDED BY SAUL, THAT RESOLUTION NO. 62J EE AD0PiED AS READ.* Planning Commission Page 6 Minutes 22 February 1979 and that the building will undergo architectural review to insure its compatibility. Mr. M. E. Simonds, 15460 - 65th Avenue South, voiced concern over the present con- dition of the unvacated roadway which will serve the proposed office building. Chairman Kirsop closed the public hearing at 10 :17 P.M. Planning Commission discussed condition of access road to site and previous street vacation actions. MOTION BY MR. SOWINSKI AND SECONDED BY MR. JAMES TO DENY THE PROPOSED REZONE FROM R -1 -7.2 TO C -1 ON THE BASIS OF ITS POTENTIAL ADVERSE EFFECTS TO THE SURROUNDING SINGLE - FAMILY PROPERTIES. MOTION CARRIED. RECOMMENDED ZONING: SEGALE ANNEXATION AREA Mr. Satterstrom read the staff report and explained this was not a public hearing before the Planning Commission. Mr. Segale, applicant, stated he felt the property should be zoned M -1 due to the surrounding zoning. Mentioned the property will likely be used for an expansion of present operations. Mr. Satterstrom explained the similarities between the City's C -M and the county's M -L -P zones, the Comprehensive Land Use and the annexation policies of the City were the reasons for the recommendation of C -M zoning. Mr. Segale stated the area was isolated from any potential residential land. Also stated.C-M zoning did not allow outdoor storage and the 35 foot height limit was too restrictive. MOTION BY MR. SOWINSKI AND SECONDED BY MR. WELSH TO RECOMMEND THE CITY COUNCIL CLASSIFY THE SEGALE PROPERTY AS M -1 (LIGHT INDUSTRY) UPON ANNEXATION TO THE CITY OF TUKWILA. MOTION CARRIED. Mr. Satterstrom requested the Planning Commission hold a work meeting on the zoning ordinance on 1 March 1979. Commissioners agreed. Staff also announced that Mr. Richard Bowen had resigned from the Planning Com- mission. Commissioners expressed their regrets at his departure. Chairman Kirsop adjourned the meeting at 10:55 P.M. Mir tes prepared by: TUUKWILA PLANNING COMMISSION e r ed N. Satterstrom Eileen Avery P lanning Supervisor Secretary PUBLIC HEARING.- Zoning.- classification on,e` proposed annex - aion located on the west'side of 57th Ave. S. adjacent to the southernmost boundary of City. Request of M. A. Segale, Inc. i Mama CALL TO ORDER POLL CALL OF COUNCIL h,cM.J.P. APPROVAL OF MINUTES i . . M I N U T E S Council President Bohrer called the Tukwila City Council Committc of the Whole Meeting to order. L. C. BOHRER, MABEL J. HARRIS, J. REID JOHANSON, DAN SAUL, DWAYNE D. TRAYNOR. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MINUTES OF THE FEBRUARY 13, 1979 COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED. CARRIED. Council President Bohrer said there would be a Public Hearing on the proposed annexation request of M. A. Segale, Inc. Fred Satter strom, OCD, reviewed the proposed action request by Mr. Sagale. F indicated on a map the area that would be affected. Kjell Stoknes Director of OCD, reviewed the Planning Commission staff report, stating the property is presently located in King County and is zoned MLP (Manufacturing Park). Present City zoning of adjacent land on the north is M -1. Present zoning of the Segale Business Park located to the north and east of the proposed annexation area is M -2, subject to the site plan review by the Board of Arch' tectural Review (a C -M requirement). Councilman Hill arrived at the Committee of the Whole Meeting at 7:05 p.m. Mr. Stoknes reported that the existing County zoning of the site • most similar to Tukwila's C -M district (Industrial Park). Setbac permitted uses, and design review requirements are similar. At present time there is a watchman's residence and trailer offering banking services (temporary) on the site. The Planning Commissic recommended that the proposed annexation area be zoned C -M (Indus trial Park) upon annexation to the City of Tukwila. Council President Bohrer declared the Public Hearing open to hea: comments for or against the zoning classification on the propose: annexation. Chris Crumbaugh, legal counsel for M. A. Segale, briefly reporter for the property owner on the proposed annexation. He said the banking service located in the trailer was a temporary location until permanent quarters are available. He said there was a watchman's residence located on the property. Mr. Crumbaugh sa;: the adjacent property used for machinery storage would have a' fence built on top of the median that is presently in front of property. The fence would screen the site' from public view. City Council members requested information regarding the tempor- • nature of the trailer housing the banking services, the watchma. residence, and the fence that would be erected. Mr. Stoknes s= the City's C -M district would allow both the watchman's reside- and the banking uses presently on the site. Mr. Crumbaugh ass. the Council that the fence would be erected. Mr. Stoknes suss- if the Council has reservations about the trailer they might p a condition in the rezone ordinance that says the trailer has taken down within 90 days after the zoning goes through. Mr. Crumbaugh said Mr. Segale plans to use the property for a shop facility. He continued they had requested the zoning be M -1. Councilman Traynor asked the difference in the C -M and M -1 zor.i- Mr. Stoknes said there is a 50 foot setback requirement in the C -M that is not required in the M -1 zoning. The C -M requires Board of Architectural Review and none is required in the M -1. Council President Bohrer asked if there were further comments or against zoning classification on the proposed annexation. were no further comments and the Public Hearing was declared at 7:30 p.m. Council President Bohrer said the City Council would hold one Public Hearing at least 30 days from the date of this Public He added it would be in order for the Council to set the arm_ hearing to be held concurrently with the _=cone Pu:lic Heari' w::��iL r.:LJL February 20, 1979 P ace 2 PETITIONS, C0MMUNICATIONS, APPEALS AND SIMILAR MATTERS - Cont. Notice of Appeal 858689: King County & Fiorito, a partnership vs. City of Tukwila (LID #25) NEW BUSINESS Intent to annex 2.1 acres of property, owned by M.A. Segale (west of 57th and adja- cent to South City limits ORDINANCES Ordinance ',1103 - Extending the loan period on LID #28 Ordinance #1104 - Amending Ord. -400 to correct an error in legal description Mayor Bauch recognized for the record receipt of Notice of Appeal No. 858689, King County and Fiorito, a partnership, vs. City of Tukwila. The appeal involves the matter of assessments for Local Improvement District No. 25. MOVED BY BOHRER, SECONDED BY SAUL, THAT PURSUANT TO R.C.W. 35A.14.120: (1) The City accept the proposed annexation. (2) The City require simultaneous adoption of a proposed zoning regulation as requested. (3) The City require assumption of existing city indebtedness by the area to be annexed.* Mayor Bauch noted that under the direct petition method Council must say they will accept the petition before the petition is submitted to the City. There will have to be two public hearings on zoning and one on the annexation held before Council considers the final annexation ordinance. The first public hearing has been set for February 26. The petitioner is asking for M -1 zoning on their property but this item still has to go before the Planning Commission and they send their recommendation back to Council. *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ 6Y TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila Washington, extending the loan period on L.I.D. #28 and amending section 2 of Ordinance No. 1086. MOVED BY BOHRER, SECONDED BY SAUL, THAT ORDINANCE NO. 1103 BE ADOPTED AS READ.* City Attorney Hard said that the lawsuit on L.I.D. #28 came before the Supreme Court last week. They determined this is an issue of significant importance and they want to hear the arguments. *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an. Ordinance amending Ordinance No. 400 to correct an.error in legal description of certain real property. MOVED BY BOHRER, SECONDED BY SAUL, THAT ORDINANCE NO. 1104 BE ADOPTED AS READ.* Councilman Harris said the ordinance earmarks the error as clerical or typographical and she stated that the purpose behind the correction was not to state who made the error. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE ORDINANCE BE AMENDED TO STRIKE THE WORD"CLERICAL" IN THE TITLE AND STRIKE THE WORDS "CLERICAL AND TYPOGRAPHICAL" IN THE SECOND ��� , WHEREAS 1.D CHANGE THE "A" TO h.. MOTION CARRIED. Zcning classification, prop. annexation west side of 57th Ave. S. adjacent to the southern most boundary of City. Request of M. A. Segale, Inc. - contd. DISCUSSION Discrimination against children by apartment owners Prop. Allentown - Duwamish Annexation. MOVED BY VAN DUSEN, SECONDED BY SAUL, TO HOLD THE SECOND PUBLIC HEARING AND ANNEXATION HEARING ON THE M. A. SEGALE REQUEST ON APRIL 2, 1979 AT 7:00 P.M. IN THE COUNCIL CHAMBERS. CARRIED. Kjell Stoknes, OCD Director, reported the survey conducted by h:. Department showed there are 718 units in the City with just ten children. He reported 1,565 of the population of Tukwila live i apartments. He discussed the matter with the City Attorney and was not sure about the legality of an ordinance preventing apart- ment owners from discriminating against children. The City of Mountlake Terrace, San Francisco and Berkeley have passed such c inances. Berkeley's ordinance has never been challenged; San Francisco's ordinance was challenged and found constitutional. gation is pending on the ordinance passed by Mountlake The City is not responsible for enforcement, it is between the lord and tenant. Councilman Saul said he could see where a one - bedroom apartment would not be adequate for people with childre: where there is more than one bedroom children should be conside• Mr. Stoknes said over 50% of the apartments in Tukwila are two bedroom or more. Councilman Hill said he had worked with child:. for many years and had found most of them well behaved. He sair is.a shame that all of the children are judged by about 10% of children who cause the trouble. He said he would like to hear the apartment owners as to why they did not want children in th; apartments. He said he realized any proposed ordinance would ha to requirements for both tenant and landlord. Council members expressed concern and care for children in gener the fine schools and recreation program the City has to offer, they were also aware that information should be obtained from la lords.' MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THIS MATTER BE PUT IN COMMUNITY AFFAIRS COMMITTEE TO DEVELOP AN ORDINANCE AND IT BE CONSIDERED AT THE APRIL 9, 1979 COMMITTEE OF THE WHOLE MEETING. Councilman Traynor recommended the Committee send out letters tc apartment owners for their input and attendance at the Committee of the Whole Meeting. *CARRIED. Kjell Stoknes, OCD. Director, reported the proposed annexation p: lation count on the area was 910 to 951. He said the required number of registered voters had signed the petition for annexe: He said they had verbal request from the area to come into t'n : zoned. George Gomez, President of Duwamish Improvement Club, said the would like to have zoning done prior to annexation. He said re tered voters in the Murray precinct were not contacted because they had enough signatures on the.petition. Mayor Bauch said the annexation policy of the City says if the petitioner comes in and asks for zoning prior to the election the City should establish the zoning which would become effect at the time of annexation. In the Riverton annexation they as to'come in unclassified. He suggested the zoning be referred t the Planning Commission for recommendation. He said the Planni Commission would hold a Public Hearing on the matter. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT A RESOLUTION BE PREP TO ACCEPT THE ALLENTOWN-DUWAMISH ANNEXATION AND IT BE ON THE SEUDA OF THE MARCH = r•�at � �_ •�•-, , 5, 1979 REGULAR COUNCIL t•;E_ T ,N,:. CARRIED. Ct, TO ORDER ROLL CALL OF COUNCIL VE BED .L• 1..�1 \S APPROVAL OF MINUTES MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE MINUTES OF THE JANUARY 22, 1979 COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED. CARRIED. DISCUSSION Citizen Comment - Lack of apartments for tenants with children. M( A. Segale letter : intent to annex 2.1 acres of - industrial property. M I N U T E S Council President Bohrer called the Tukwila City Council Committee of the Whole Meeting to order at 7:02 P.M. BOHRER, HARRIS, HILL, JOHANSON, SAUL, TRAYNOR. MOVED BY TRAYNOR, SECONDED BY HILL, THAT CITIZEN COMMENTS BE HEARD AT THIS TIME. CARRIED. Vicki Plano, 1307 Ethier Road, Apartment A, Renton, Washington 98O said she had been unable to find an apartment in Tukwila because s: has two children. She said she previously lived in Tukwila for si• years, she works here, and wanted to return. She said she canr, buy a condominium because she has children. She said she had take; her complaint to several agencies and they suggested she bring the matter to the City Council. Councilman Johanson asked Ms. Plano if this condition exists in Tukwila only or if it is a general condition. Ms. Plano said the condition exists all over. In Seattle she has found the same sitLl tion, they do not want children. She said there are homes for rer but they are too expensive, She said she realized there are rowdy children, but her children are well disciplined, she has excellen�E references, she has a job and can pay her rent. Councilman Saul said there is a place next to the Stardust Apartments where they vi take children, but a lot of apartments are not made for children and cannot provide proper environment for them. Ms. Plano agreed, there was the one place. Councilman Hill suggested the Council seek advice from the City Attorney as to what action can be taken. Councilman Harris said was shocked to hear there are apartments.in Tukwila where children not taken. She said she would like to have a survey made. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE MATTER REMAIN Iii COMMITTEE OF THE WHOLE SO AN ANSWER COULD BE GIVEN TO MS. PLANO ;•. SOON AS A SURVEY HAS BEEN 'CONDUCTED. * Mayor Bauch said he would check with the City Attorney to see wha4 action the City can take. He said he would recommend that a publ hearing be scheduled so the apartment owners could come and presei; their side. He said Staff would make a survey and report on the ' policies that exist in Tukwila with respect to renting to tenants with children. He said the Staff Report would be presented at th next Committee of the Whole Meeting. *CARRIED. Mayor Bauch stated the memorandum from Kjell Stoknes, OCD Directa stated the Council should decide if they will accept the proposec annexation; decide whether it shall require the simultaneous adoption of a proposed zoning regulation; and whether or not to require assumption of City indebtedness. Mayor Bauch stated he would recommend the matter be referred to the Planning Commissior Chris Crumbaugh, audience,•'said the present neighboring zoning is SE (Suburban Estate), the area is 2.14 acres, and none is under water. He said the machinery yard is going to have an eight foo fence built around it this summer. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT THE SEGALE REQUEST FC ANNEXATION BE ON THE AGENDA.OF THE FEBRUARY 20, 1979 REGULAR COL MEETING. * C: SCUSSIO;; - Contd. M. A. Segale letter of intent to annex 2.1 acres of indus. property - contd. Revisions to proposed design of LID #28. Prop. Ord. extending the loan period on LID #28. Mayor's report on prop. Riverton Annexation. Council President Bohrer said the Council concurred on the accepts: of the proposed annexation. The Council concurred they would requ: the simultaneous adoption of a proposed zoning regulation. The Council concurred to require the assumption of City indebtedness. Mayor Bauch said this matter would be referred to the Planning Commission for zoning and then referred back to the Council. *CARRIED. Mayor Bauch said it had been suggested that the LID boundaries could be adjusted to exclude 57th Avenue South or a redesign could provide for overlaying the existing roadway after the proposed drainage and curbing were installed. He said the Tukwila Apartments were exclude,: from the LID, one of the reasons being that the original road was pu in by the developers of the apartments. He said also the Condominiu Builders had suggested Puget Sound Power and Light provide stree- lighting. He said Terry Monaghan, Public Works Director, had said that if, after negotiations, Puget Power agrees to bear any portion-: all of the street lighting costs, the LID assessment roll would be reduced. Councilman Harris said she felt the entire area should participate, including the Tukwila Apartments. She said it was part of the rezone condition that the street be upgraded to City standards. Gerry Marcy, attorney, representing Mr. Winn (property owner), salt: litigation is going on now and part of the negotiation of changing . an attempt to get away from litigation. His concern is not to red._ the scope of the LID. Councilman Johanson said he saw no reason to delete anything from LID. Mayor Bauch said the Tukwila Apartments were excluded from t LID, but the Graydon Smith property was included. Council Preside- Bohrer said the Council would not take any action on this matter a this time. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE EXTENDING THE LOAN PERIOD ON. LID x`28 AND AMENDING SECTION 2 OF OR::' NO. 1086, BE ON THE AGENDA OF THE FEBRUARY 20, 1979 REGULAR COUNC:_ MEETING. CARRIED. Gerry Marcy, attorney, representing Mr. Winn, property owner, aske why the rate of interest had been increased from 7% to 9% on the extension of time. Councilman Harris said the increase was due tc the fact that interest rates have increased and 9`,: was what the Ci could be receiving on the money. Mayor Bauch reported the Boundary Review Board Hearing would be hel. Thursday, February 15, 1979 at 7:30 p.m. at the Southeast Community Center. Mayor Bauch reviewed the remarks he would make to the Bour:: Review Board; the outline follows: The City is neutral, he would present the facts and not make a sale: pitch; most of the data has already been submitted; annexation shou' be up to residents of the area being annexed; the City has the abil to manage and absorb the annexation area; annexation is in accordant to the King County draft policy dated October 1978; annexation is ii accordance with P.S.C.O.G. Subregional Plan adopted January 25, 197' annexation is in accordance with Tukwila Annexation Policy adopted April 3, 1978; the request of petitioners essentially agrees with C rehensive Plan adopted September 19, 1977; the land use will be res within three to four months - there will be a waiver system for tru emergencies, not speculation; the City has held hearings wit Fire Districts 1 and 18; the City is ready to contract but can prov as good or better service if they decline; the City has met with Ki County on this annexation; Skyway is not an islan:: by this annexati the City has met with four major commercial int is in the area; resolution the School District supports the :.i1ento,n s .te:' a oe,, ttion on February 13, 1 �7? -oro t `he :it:. .e „ Cvor cis_ }.. jute': a and FOLLOWS: ITY OF TUKWI WASHINGTON RESOLUTION NO c- EXHIBIT 2 RESOLUTION TO ANNEX A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING CERTAIN PROPERTY CONTIGUOUS TO THE CITY OF TUKWILA, SAID PROPERTY BEING OWNED BY M.A. SEGALE, INC. AND BEINS DECLARED IN THE PETITION TO ANNEX. • !! V- i.. ;'ayor 0 WHEREAS, there was heretofore filed with the City of Tukwila a notice of intention to commence annexation procedings pursuant to RCW 35 A.14.120, and WHEREAS, the City Council did review and authorize a petition for annexation to be circulated, said action, as well as their action on "proposed zoning" and "bonded indebtedness" show in the minutes, as required by law, and WHEREAS, a valid petition for annexation was duly filed with the City, WHEREAS, an Environmental Questionnaire for this annexation has been received and a Final Declaration of Non - Significance made by the Responsible Official, and WHEREAS, the area does lie within the Tukwila Planning Area, as adopted by Resolution #500 on October 20, 1975. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA DOES RESOLVE AS Section 1. The petition by M.A. Segale, Inc. to annex 2.1 acres of land iyin contiguous to the Southern boundary of the City is approved. Said annexation is as legally described in the attached "Exhibit A" and further shown on the map attached hereto as "Exhibit B ". Section 2. After review and approval.by the King County Boundary Review Board, and any other agency as required by law, the City of Tukwila shall consider an Ordinance to effect said annexation pursuant to RCW 35 A.14.140. Said Ordinance to include the adoption of a zoning regulation and require assumption of city indebted- ness as stated in the annexation petition. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a °/ regular meeting thereof this ; ,M day of e , 1979. Approved as to form: City Attorney ATTEST: Published Record Chronicle - April 6, 1979 That portion of the Southwest Quarter of the Southwest Quarter of Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: CONNENCING at the Southwest corner of the Southwest Quarter of said Section 35; thence South 87 ° 59'06" East along the South line of said Southwest Quarter, 835 feet to the TRUE POINT OF BEGINNING; thence continuing South 87 ° 59'06" East along said South line. 438.99 feet to the Westerly margin of Mess County Road No. 76; thence North 01 ° 53'23" West along said margin, 216.74 feet; thence along a curve to the right having a radius of 306.48 feet, through a central angle of 2 °52'12" an arc distance of 15.35 feet to a survey monument on the South line of the North 1,059.31 feet of the said Southwest Quarter of the Southwest Quarter of Section 35, said monument also being a point on the existing city limits of Tukwila as annexed by City 0rdinance,No. 472; thence North 87 ° 57'17" West on said South line and said city limits, 331.09 feet, more or less, to a survey monument; thence North 47 ° 11'37" West, 32'.95 feet; thence South 16 ° 56'40" West, 262.12 feet to the TRUE POINT OF BEGINNING. Containing 2.14 Acres. o "EXHIBIT A" SEGALE ANNEXATION V!ZE \ TV 1 PLANNIZikra A €, A ECILINDAPAES ` - ` s �) 1. I. � i s X . IMEMI]I_Lt\ IF IR IMIIIM© &NE& C - CITY OF TUKWILA L J TUKWII.A FIANNINfs!\gEA\ (UNINCORPO EI7) ,._1 :sate./ -�yT 1 1 1 - 1 � 1 -- `l- � f -" - 1.."it /NMI nri rlY1010 113 - it _ . � � " e i -1 il I • -- .. 1 PROPOS! Il ANNEX„ I 1 ON AREA CITY follows: FTUK WASHINGTON ORDINANCE NO. //4 1 AN ORDINANCE OF THE CITY OF TUKWILA, !!I'SHINGTON, PURSUANT TO RCW 35 A.14.330 ADOPTING A PROPOSED ZONING REGULATION FOR THE AREA DESCRIBED LYING OUTSIDE OF THE CITY OF TUKWILA, PROVID- ING THAT SAID AREA SHALL BECOME SUBJECT TO SAID ZONING REGU- LATION UPON ANNEXATION TO THE CITY OF TUKWILA AND SUPPLEMENT- ING ORDINANCE NO. 251 AS AMENDED. That portion of the Southwest Quarter of the Southwest Quarter of Section 35, Township 23 North, Range 4 East, T. P' , in King County, Washington, described as follows: c.. at tr:e S/^ t •.7 i corner c f So ✓ O.^rt:7' of E5; thence South F7°59'06" . v ►: - . 0 . 1 . rc IIiY 6M Y/....; /D6 P • WHE'?EAS, it is reasonably to be expected. that the hereinafter described area may, at some future time, or times, be annexed to the City of Tukwila, and WHEREAS, the' Tukwila Planning Commission has recommended adoption of a zoning regulation, based upon the Tukwila Comprehensive Plan, to include said area under the provisions of RCW 35 A.14.330, and WHEREAS, and.Environmental Questionnaire on the proposed zoning has been duly prepared and a Final Declaration of Non — Significance made pursuant to the State Environmental Policy Act, and WHEREAS, two public hearings upon said proposed zoning regulations were held upon proper noticd before the Tukwila City Council durinn meetings held on February 26, 1979 and April 2, 1979. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TUKWILA AS FOLLOWS: Section 1. The. zoning reglations for the Segale annexation, pursuant to the authority and provisions of RCW 35 A.14.330, shall be M -1 (Light Industry) as described in the Tukwila.Zoning Ordinance #251, as amended. Section 2. That at such time as said described area, or any part thereof shall be annexed to the City of Tukwila, the City Council may provide in the annexation ordinance that so much land of said area as is thereby annexed shall be subject to zoning regulations herein. adopted, as an extension of the zoning regulations for the City of Tukwila. Section 3. The area subject to said zoning regulations is described as l � SE3 NNING: thence continuing South 87 °59'08" East along said South line, 438.99 feet to the Westerly margin of Mess County Road No. 76; thence North 01 °53'23" West along said margin, 216.74 feet; thence along a curve to the right having a radius of 306.48 feet, through a central angle of 2 ° 52'12" an arc dis -: tance of 15.35 feet to a survey monument on the South line of the North 1,089.31 feet of the said Southwest Quarter of the Southwest Quarter of Section 35; thence North 87 °57'17" West on said South line, 331.09 feet, more or Zess, to a survey monument; thence North 47 ° 11'37" West, 32.95 feet; thence South 16 ° 56'40" West, 262.12 feet to the TRUE POINT OF BEGINNING. Section 4. A certified copy of this ordinance shall be filed in the Office of the King County Department of Records and Elections. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at .a regular meeting thereof this G 2 ' day of 1979. App oved as to form: City Attorney ATTEST: Published: Record - Chronicle - April 6, 1979 e "layor City Clerk DATED This CERTIFICAT I 0 N day of Original Ordinance mailed the day of to: King County Recorder Room 500 A • King County Administration Bldg. Seattle, WA 98104 • , I, Maxine Anderson, City Clerk of the City of Tukwila, Is do hereby certify that the attached Ordinance, being Ordinance No. //ay' , is a true and correct copy of original Ordinance passed on the ,-;4 day of 19;79, as said Ordinance appears on the Minute Book of City of Tukwila, Washington. . ashington the the 1 , 1979, . 7nninn re'oulations is described Proponent COMMENTS: Description of proposal Se le Annpyatinn (PrnpnSed) Lead Agency CITY OF TUKWILA OFFICE OF COMMUNITY DEVELOPMENT PROPOSED /FINAL DECLARATION OF SIGNIFICANCE/NON-SIGNIFICANCE Mario Segale Responsible Official Kjell Stoknes EXHIBIT 3 DECLARATION OF NON- SIGNIFICANCE Location of Proposal Contiguous to city limits along 57th AvPnuP S City of Tukwila File No RPTC - FD - W; This proposal has been determined to (have /not have) a-significant adverse im- pact upon the environment. An EIS (is /is not) required under RCW 43.21C.030(2) (c). This decision was made after review by the lead agency of a completed environmental checklist and other information on file with the lead agency. Position /Title Director, Office of Community Development Date 25 February 1979 Signature �� CITY OF TUKWILA This questionnaire must be completed an permit. This questionnaire must be corn. permj-t from the City of Tukwila, unless it is determined by the Responsible Official that the permit is exempt or unless the applicant and Responsible Official previously agree an Environmental Impact Statement needs to be completed. A fee of $50.00 must accompany the filling of the Environmental Questionnaire to cover costs of the threshold determination. I. BACKGROUND ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: M. A. SEGALE, INC. 2. Address and Phone Number of Proponent:. 18010 Southcenter Parkway P. O. Box 88050, Tukwila, Washington 98188 3. Date Checklist Submitted: February 16, 1979 /41r•,! ^. ', i 8. Estimated Date for Completion of•the Proposal: • 4. Agency Requiring Checklist: City of Tukwila - Planning Department 5. Name of Proposal, if applicable: M. A. Segale, Inc. Annexation 6. Nature and Brief Description of the Proposal (including but not limited to its size, general design elements, and other factors that will give an accurate understanding of its scope and nature): Annexation of a 2.1 acre parcel of property adjacent to south Tukwila city limits - includes zoning classification and assumption of city's bonded indebtedness. 7. Location of Proposal (describe the physical setting of the proposal, as well as the extent of the land area affected by any environmental im- pacts, including any other.information needed to give an accurate under- standing of the environmental setting of the proposal): Property is industrial zoned, adjacent to industrial zoned property to north and south. To west is hillside zoned SE, and to east is roadway. Property has watchman's resident and bank facility located thereon 2 - 3 months. 9. List of all Permits, Licenses or Government Approvals Required for. the Proposal (federal, state and local): Original zoning designation (a) Rezone, /conditional use, shoreline permit, etc. YES x NO (b) King County Hydraulics Permit YES NO x • (c) Building permit YES NO x (d) Puget Sound Air Pollution Control Permit YES NO x (e) Sewer hook up permit YES NO x (f) Sign permit YES NO x (g) Water hook up permit YES NO x (h) Storm water system permit YES NO x ` Curb cut permit YES NO x (j) Electrical permit (State of Washington) YES NO x (k) Plumbing permit (King County) • YES NO x (1) Other: N/A 10. Do you have any plans for future additions, expansion, or futher activity related to or connected with this proposal? If yes, explain: N/A 11. Do you know of any plans by others which may affect the property covered by your proposal? If yes, explain: No. 12. Attach any other application form that has been completed regarding the pro- posal; if none has been completed, but is expected to be filed at some future date, describe the nature of such application form: Attached is a copy of Notice of Intent to Annex. Annexation petition will be filed.• II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required) 1. Earth. Will the proposal result in: (a) Unstable earth conditions or in changes in geologic substructures? (b) Disruptions, displacements, compaction or overcover- ing of the soil? (c) Change•in topography or ground surface 'relief fea- tures? (d) The destruction, covering or modification of any unique geologic or physical features? - YES MAYBE NO (e) (f) (g) Any increase in wind or water erosion of soils, either on or off the site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Explanation: 2. Air. Will the proposal result in: (a) Air emissions or deterioration of ambient air quality? X (b) The creation of objectionable odors? X . (c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? X Explanation: 3. Water. Will the proposal result in: (a) Changes in currents, or the course or direction of water movements, in either marine or fresh waters? (b) Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? (c) Alterations to the course or flow of flood waters? (d) Change in the amount of surface water in any water body? (e) Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? (f) Alteration of the direction or rate of flow of ground waters? Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? -3- YES MAYBE NO x X (h) Deterioration in ground water quality, either through direct injection, or through the seepage of leachate, phosphates, detergents, waterborne virus or bacteria, or other substances into the ground waters? x (i) Reduction in the amount of water otherwise avail- able for public water supplies? X Explanation: 4. Flora. Will the proposal result in: (a) Change in the diversity of species, or numbers of any species of flora (including trees, shrubs, grass, crops, microflora and aquatic plants)? X (b) Reduction of the numbers of any unique, rare or endangered species of flora? X (c) Introduction of new species of flora into an area, or in a barrier to the normal replenishment of existing species? X (d) .Reduction in acreage of any agricultural crop? X Explanation: YES MAYBE NO 5. Fauna. Will the proposal result in: (a) Changes'in the diversity of species, or numbers of any species of fauna (birds, land animals including reptiles, fish and shellfish, benthic . organisms, insects or microfauna)? x (b) Reduction of the numbers of any unique, rare or endangered of fauna? x (c) Introduction of new species of fauna into an area, or result in a barrier to the migration or movement of fauna? (d) Deterioration to existing fish or wildlife habitat? Explanation:, -4- 6. Noise. Will the proposal increase existing noise levels? X Explanation: 7. Light and Glare. Will the proposal produce new light or glare? X Explanation: 8. Land Use. Will the proposal result in the altera- tion of the present or planned land use of an area? Explanation: 9. Natural Resources. Will the proposal result in: (a) Increase in the rate of use of any natural resources? (b) Depletion of any nonrenewable natural resource? Explanation: 10. Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radi- ation) in the event of an accident or upset x Explanation: YES MAYBE NO X 11. Population. Explanation: Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? Explanation: It will add the watchman's resident as another home in Tukwila. 13. Transportation /Circulation. Will the proposal result (a) (b) Generation of additional vehicular movement? Effects on existing parking facilities, or demand for new parking? (c) Impact upon existing transportation systems? (d) Alterations to present patterns of circulation or movement of and /or goods? (e) Alterations to waterborne, rail or air traffic? (f) Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Explanation: in: 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: Fire protection? Police protection? Schools? Parks or other recreational facilities? Maintenance of public facilities, including roads? - YES MAYBE NO X X X (See explana-4 X (See explana i X x X (f) Other governmental services? Explanation: Area is 2.1 acres. The police and fire department presently patrol and protect to the north line of this property.. There will be no appreciable effect upon.these services. City will, of course, have to govern this area. Assessed valuation of property is $43,200. Property will also absorb part of existing bonded 15. Energy. Will the proposal result in: indebtedness of city. (a) Use of substantial amounts of fuel or energy? (b) Demand upon existing sources of energy, or require the development of new sources of energy? Explanation: 16. Utilities. Will the proposal result in a need for new systems, or alterations to the following utilities: (a) Power or natural gas? (b) Communications systems? (c) Water? (d) Sewer or septic tanks? (e) Storm water drainage? (f) Solid waste and disposal? Explanation: 17. Human Health. Will the proposal result in the crea- tion of any health hazard or potential health hazard (excluding mental health)? Explanation: -7- YES MAYBE NO X X x X X X 18. Aesthetics. Will the proposal result in the obstruc- tion of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically of- fensive site open to public view? Explanation: 19. Recreation. Will the proposal result in an impact upon the quality or quantity of exist- ing recreational opportunities? Explanation:' 20. Archeological /Histroical. Will the proposal result in an alteration of a signifi- cant archeological or his - torical site, structure, object or building? Explanation: CERTIFICATION BY APPLICANT: I, the undersigned, .state that • to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non - significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. M. A. SEGALE, By (0 , February 16 , 1979 Signatur and Title Date -8- YES MAYBE P;'. x • AREA, ZONING & COMPREHENSIVE PLAN: The proposed annexation site of 2.14 acres has been designated by the King County *Comprehensive Plan for use as a manufacturing park; Tukwila's Comprehensive Plan designates the site for Light Manufacturing. Upon annexation, the site will assume an M -1 zone classification, a conversion consistent with the existing County designation. The M -1 classification is currently in use for adjacent land to the north of the site. LAND USE, POPULATION, AND GROWTH POTENTIAL: There is one residence located on the annexation site; this is occupied by a night watchman. No further residential use is planned for this location. The bank facility now located in a trailer on the property is temporary. NATURAL FEATURES: The major portion of the property is level land consisting of solid gravel fill over alluvial soils. The western boundary of the site is a steeply sloping bank composed of rough, broken, and stony ground, and is not suitable for intense development. This area is currently undeveloped, and no plans for development exist. ASSESSED VALUATION: PUBLIC SERVICES: EXISTING CONDITIONS The assessed valuation of the annexation site is $43,200.00. Upon Annexation, the Tukwila Fire Department would assume responsibility for the provision of fire protection to the site. Currently, such service is provided to the north property line of the annexation parcel. The effect upon the city fire department service would be negligible. The Tukwila Police Department would also assume responsibility for the provision of police protection to the site with no appreciable effect upon the department. The City of Tukwila Department of Public Works would maintain 57th Avenue South as it services the annexation site, as well as any other public facilities at this location. Any necessary permits for the property could be easily obtained from the City upon annexation. Water District #75 would retain all rights over the water system serving the site. The property is not currently serviced by a sanitary sewer system, but lies adja- cent to the Tukwila Sewer District; this sytem would be extended to the annexed parcel of land. 'EXHIBIT 4 The City of Tukwila proposes to annex the M. A. Segale, Inc. site by the peti- tion method. The City of Tukwila is a Code City and, therefore, proposes to annex under the statutory provisions of RCIV 35A.14.120 - .150. Containing 2.14 Acres. EXHIBIT 5 LEGAL DESCRIPTION SEGALE ANNEXATION That portion of the Southwest Quarter of the Southwest Quarter of Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: CONNENCING at the Southwest corner of the Southwest Quarter of said Section 35; thence South 87 ° 59'06" East along the South line of said Southwest Quarter, 835 feet to the TRUE POINT OF BEGINNING; thence continuing South 87 ° 59'06" East along said South line 438.99 feet to the Westerly margin of Mess County Road No. 76; thence North 01 53'23" West along said margin, 216.74 feet; thence along a curve to the right having a radius of 306.48 feet, through a central angle of 2 °52'12" an arc distance of 15.35 feet to a survey monument on the South line of the North 1,089.31 feet of the said Southwest Quarter of the Southwest Quarter of Section 35, said monument also being a point on the existing city limits of Tukwila as annexed by City Ordinance.No. 472; thence North 87 ° 57'17" West on said South line and said city limits, 331.09 feet, more or less, to a survey monument; thence Nbrth 47 ° 11'37" {Vest, 32.95 feet; thence South 16 ° 56'40" West, 262.12 feet to . the TRUE POINT OF BEGINNING. / 11 KING COUNTY ASSESSOR'S MAP Orillia ,: • . 323 z N. 0 E-• w `r.. z i • z 9 e• ' Ci. U . A 1 lc Van Ip • 1'0 .. •I 1. i 11 IfT: - + T I � :'tt. *". 14 12 25 30 • , EXISTING ENTITY CORPORATE LIMITS (See'Attached) EXHIBIT 9 COSTS, ADEQUACY OF GOVERNMENT SERVICES, NEED FOR FUTURE SERVICES, FINANCIAL CHARACTERISTICS The 1978 assessed valuation of real property and improvements at the annexation site is $43,200.00 A comparison of the King County and City of Tukwila real estate tax structures as they would apply before and after annexation is presented below: Tax Authority or District Before Annexation After Annexation (County) (City) Consolidated* $354.97 $354.97 Tukwila Levy p 122.34 Road Levy 66.35 0 Library Levy 24.11 0 Fire Dist. #24 43.20 0 Renton School Dist. #403 26.83 26.83 Local School Support 261.77 261.77 $777.23 $765.93 *The consolidated levy is applied to all of King County regardless of whether the area is incorporated or unincorporated. It includes the state school levy, various King County levies, and the port district levy. As the above table indicates, a slight decrease in real estate tax, from $777.23 to $765.93, is anticipated upon annexation of the property by the City of Tukwila. Water District #75•currently provides water service,to the annexation site and, upon annexation, would continue that service, presumably at the same rate in use prior to annexation. The property is not now serviced by sanitary sewers, but the adjacent Tukwila Sewer District would extend service to the property following annexation. The proposed annexation site is currently served by Fire Dist. #24; upon annexation, fire protection would be provided by the City of Tukwila. The City maintains a fire protection class rating of "4 ", granted by the Washington Rating Bureau, while Fire District #24 has a rating of " ". Police protection would be assumed by the Tukwila Police Department upon annexation of the property. The site currently falls under the jurisdiction of the King County Department of Public Safety, which maintains a ratio of less than one officer per square mile, comparied with approximately six officers per square mile for the Tukwila Police Department. Tukwila has a mayor- council form of government that operates under the provisions of the Optional Municipal Code. The Council consists of seven members, elected city -wide, who'are responsible for establishing policy, appropriating funds, and ' other legislative duties. The Mayor is the chief executive and is responsible for the overall administration and enforcement of policy. The various city departments, which are responsible for specific functions within the City, report and are respon- sible to the Mayor. The Mayor and the City Council are responsible to the citizens of the community in meeting day to day problems as well as planning for the future. The responsiveness. of the Mayor and Council is illustrated to some degree by the proposed annexation. Citizen participation in local government in the City of Tukwila is also possible through service on various city boards and commissions. k N 1 Y „ I) Z :c • • 1 • i \ \ J 4'I WI( 1;) i t 1 EXHIBIT 10 A review of the effects of this proposal upon the objectives of the Boundary Review Board Act (RCW 36.93.180) shows that this proposal will meet the following objectives for the reasons cited: "36.93.180 Objectives of Boundary Review Board. The decisions of the Boundary Review Board shall attempt to achieve the following objectives: (1) Preservation of natural neighborhoods and communities; (2) Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; (3) Creation and preservation of logical service areas; (4) Prevention of abnormally irregular boundaries; (5) Discouragement of multiple incorporation of small cities and en- couragement of incorporation of cities in excess of ten thousand population in heavily populated urban areas; (6) Dissolution of inactive special purpose districts; (7) Adjustment of impractical boundaries; and (8) Incorporation as cities or twons or annexation to cities or towns of unin orporated areas which are urban in character. (1967 c 189 8 18)" 1. & 2. The annexation area is defined in part by the physical barriers that surround the site; 57th Avenue South runs along its eastern boundary, the steep valley wall is to the west, and the City of Tukwila corporate limit's lie on the north boundary. 3. The major transportation corridor, 57th Avenue South, provides easy access to the proposed annexation site from service points already existing in Tukwila. 4. The corporate limits of Tukwila will be only slightly affected by this annexation. The growth is along a major transportation corridor and coincides with physical and man -made barriers, bringing a contiguous parcel of land into the service area of Tukwila. 5. This is not an incorporation; Tukwila was incorporated in 1908. 6. There are no inactive special purpose districts within the annexation area. 7. Accessibility to the site is adequate. 8. The industrial character of the level portion of the site, along with the wooded slope, represent logical expansions.of the City Boundary. City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development 23 February 1979 M E M O R A N D U M : TO: Mayor r Bauch FROM: Fr . Satterstrom, Planning Supervisor, SUBJECT: Recolu ended Zoning: Proposed Annexation (Segale) The Tukwila Planning Commission, at their regular February, meeting, recommended a M -1 (Light Industry) zone classification.. for the proposed 2.1 acre Segale annexation site lying .adjacent to and south of the present city limits on 57th Avenue South. Attached herewith please find a copy of the Planning Commission staff report and a vicinity map of the area. FNS /ckh cc: FILE Attachments WHEREAS, a petition for annexation has been submitted to the City of Tukwila and said petition approved by the Tukwila City Council, and WHEREAS, the City of Tukwila has considered and adopted proposed zoning regulations for the proposed annexation pursuant to RCW 35.A.14.330, and, WHEREAS, the matter has been considered before the King County Boundary Review Board and approved, and WHEREAS, a proper environmental review has been conducted on the proposed annexation and proposed zoning regulations and a negative declaration reached on each, and WHEREAS, all necessary procedures have been complied with and the annexation can be approved by the Tukwila City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF'TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That certain territory situated in King County, Washington, lying contiguous to the present boundaries of the City of Tukwila and described as follows, is hereby annexed to �' the City of Tukwila and is made a part thereof: /That portion of the Southwest Quarter of the Southwest �,� Quarter of Section 35, Township 23 North, Range 4 East, b W.M., in King County, Washington, described as follows: !T}' OF TUKWI WASHINGTON ORDINANCE NO. /1 /9 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE CITY OF TUKWILA (COMMONLY REFERRED TO AS THE SEGALE ANNEXATION), AND FURTHER DECLARING THAT SAID AREA AS OF THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE SUBJECT TO THE ZONING REGULATIONS ADOPTED FOR IT BY ORDINANCE NO. 1108. ,- at the Southwest corner of the Southwest Quarter of said Section 35; thence South 87 59'06" East ( along the South line of said Southwest Quarter, 835 feet \, to the TRUE POINT OF BEGINNING: thence continuing South )87 ° 59'06" East along said South line, 438.99 feet to / the Westerly margin of Mess County Road No. 76; thence �r North O1 ° 53'23" West along said margin, 216.74 feet; ` thence along a curve to the right having a radius of, a,,n 306.48 feet, through a central angle of. 2 ° 52' 12" - en - distance of 15.35 feet to a survey monument on the South line of�. the_North._.1,489...31__feet of the said Southwest Quarte,r�_of the Southwest Quarter _ of Section 35; thence 4 North 87 ° 57'17 West on said South,_.line, 331.09 feet, '\ more or less, to a survey monument;) hence North 47 ° 11'37" c' \ `�Ees't; 32:95 feet ttrence — Souf 16 40" West, 262.12 feet 0"; to the TRUE POINT OF BEGINNING. Section 2. Pursuant to the petition for annexation and City of Tukwila Resolution No. 682, the described property hereby annexed to the City of Tukwila shall be required to assume the general indebtedness of the City existing at the time of the effective date of this ordinance and annexation. 1/ /0b ,M P PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this /‘ oday of 1979 Section 3. The area hereby annexed to the City of Tukwila, shall, upon the effective date of this ordinance, be zoned M -1 (light industry), and come under the authority and provisions of the Tukwila Zoning Ordinance as adopted by Ordinance No. 251, as amended, and included in the Tukwila Municipal Code as Title 18. (Reference Ordinance 1108) Section 4. Attached to the original copy of this ordinance and by reference incorporated herein as Exhibit A is an area map showing the proposed zoning on the property and the boundaries of the property itself which is being annexed to the City. ATTEST: ,daue.I' Mayor Appr ved as to Form: • t City Attorney, Lawrence E. Hard Published - Record - Chronicle 7 -20 -79 �ty Clerk ora t +. k. MIna : R, UM/ ' CITY OF TW{WILA EXHIBIT A SEGALE ANNEXATION SITE Site of Segale Annexation follows: ITY OF TUKWI WASHINGTON ORDINANCE NO AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, PURSUANT TO RCW 35 A.14.330 ADOPTING A PROPOSED ZONING REGULATION FOR THE AREA DESCRIBED LYING OUTSIDE OF THE CITY OF TUKWILA, PROVID- ING THAT SAID AREA SHALL BECOME SUBJECT TO SAID ZONING REGU- LATION UPON ANNEXATION TO THE CITY OF TUKWILA AND SUPPLEMENT- ING ORDINANCE NO. 251 AS AMENDED. COUNCIL NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TUKWILA AS FOLLOWS: That portion of the Southwest Quarter of the Southwest Quarter of Section 35, Township 23 North, Range 4 East, !i.1•'. , in King County, Washington, described as follows: ... -.... _= at the uoC`v ha:^S: Curi2 2 Cf the ....: ... .. " ✓..".. ?' ^r. '' viElo4 If t-1 1 si/a AC1 IUN AGENDA 41iM /06 ►Lilo' P WHE'?EAS, it is reasonably to be expected. that the hereinafter described area may, at some future time, or times, be annexed to the City of Tukwila, and WHEREAS, the Tukwila Planning Commission has recommended'adoption of a zoning regulation, based upon the Tukwila Comprehensive Plan, to include said area under the provisions of RCW 35 A.14.330, and WHEREAS, and Environmental Questionnaire on the proposed zoning has been duly prepared and a Final Declaration of Non - Significance made pursuant to the State Environmental Policy Act, and WHEREAS, two public hearings upon said proposed zoning regulations were held upon proper notice before the Tukwila City Council during meetings held on February 26, 1979 and April 2, 1979. Section 1. The zoning reglations for the Segale annexation, pursuant to the authority and provisions of RCW 35 A.14.330, shall be M -1 (Light Industry) as described in the Tukwila Zoning Ordinance #251, as amended. Section 2. That at such time as said described area, or any part thereof shall be annexed to the City of Tukwila, the City Council may provide in the annexation ordinance that so much land of said area as is thereby annexed shall be subject to zoning regulations herein adopted, as an extension of the zoning regulations for the City of Tukwila. Section 3. The area subject to said zoning regulations is described as rdinance "1103 BEGINNING: thence continuing South 87 °59'06" East along said South Zine, 438.99 feet to the Westerly margin of Hess County Road No. 76; thence North 01 ° 53'23" West along said margin, 216.74 feet; thence along a curve to the right having a radius of 306.48 feet, through a central angZe of 2 ° 52'12" an arc dis- tance of 15.35 feet to a survey monument on the South line of the North 1,089.31 feet of the said Southwest Quarter(of the Southwest Quarter of Section 35; thence North 87 °57'17" West on said South line, 331.09 feet, more or Zess, to a survey monument;jthence North 47 ° 11'37" West, 32.95 feet; thence South 16 °56'40" West, 262.12 feet to the TRUE POINT OF BEGINNING. Section 4. A certified copy of this ordinance shall be filed in the Office of the King County Department of Records and Elections. PASSED BY THE CITY COUNCIL, OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this o2 ""= day of -1 / -7 , 1979. App oved as to form: City Attorney ATTEST: Published: Record - Chronicle - 'April 6, 1979 l ir City Clerk 47 itak.d f w Mayor follows: I, Maxine Anderso do hereby Certif Ordinance No. original Ordinance 19c , as said O City of Tuk n, City Clerk of the City of Tukwila, Washi that the attached Ordinance, being is a true and correct COp.Y of the wild, Washington. DATED This C E R T I F I C A T I O N Original Ordinance mailed the to: King County Recorder Room 500 A King County Administration Seattle, WA 98104 Bidg, passed on the .r c! �s day of finance appears on the Minute Book of the -57N . day of AddiV City Clerk 197 Section 3 -- ---�_• The area subject to said ZOninq r egulations 9 lations is described as '-'hat portion of the Southwest Quarter r of Section 3c, Township o�. the Southwest of e County, Washington, , p `3 North, Range 4 East, , Quarter described a j . . C2.2 ^^ :_.ry' at the Sni.- 7 ;�;_, 0y ec?, - COUNCIL ACTION MEEIiNG TWE DUE AGENDA ITEM ACTION /H /..Z / /e, P CITY OF TUKWI WASHINGTON RESOLUTION NO ' d c- A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING CERTAIN PROPERTY CONTIGUOUS TO THE CITY OF TUKWILA, SAID PROPERTY BEING OWNED BY M.A. SEGALE, INC.AND BEING DECLARED IN THE PETITION TO ANNEX. WHEREAS, there was heretofore filed with the City of Tukwila a notice of intention to commence annexation procedings pursuant to RCW 35 A.14.120, and WHEREAS, the City Council did review and authorize a petition for annexation to be circulated, said action, as well as their action on "proposed zoning" and "bonded indebtedness" show in the minutes, as required by law, and and FOLLOWS: WHEREAS, a valid petition for annexation was duly filed with the City, WHEREAS, an Environmental Questionnaire for this annexation has been received and a Final Declaration of Non - Significance made by the Responsible Official, and WHEREAS, the area does lie within the Tukwila Planning Area, as adopted by Resolution #500 on October 20, 1975. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA DOES RESOLVE AS Section 1. The petition by M..A. Segale, Inc.. to annex 2.1 acres of land lyii contiguous to the Southern boundary of the City is approved. Said annexation is as legally described in the attached "Exhibit A" and further shown on the map attached hereto as "Exhibit B ". Section 2. After review and approval the King County Boundary Review Board, and any other agency as required by law, the City of Tukwila shall consider an Ordinance to effect said annexation pursuant to RCW 35 A.1:4.140. Said Ordinance to include the adoption of a zoning regulation and require assumption of city indebted ness as stated in the annexation petition. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this ;,� day of , 1979. • Approved as to form: City Attorney ATTEST: Published Record Chronicle - April 6, 1979 • Containing 2.14 Acres. LEGAL DESCRIPTION: That portion of the Southwest Quarter of the Southwest Quarter of of Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: COMMENCING at the Southwest corner of the Southwest Quarter of said Section 35; thence South 87 °59'06" East along the South line of said Southwest Quarter, 835 feet to the TRUE POINT OF BEGINNING; thence continuing South 87 °59'06" East along said South line, 438.99 feet to the Westerly margin of Mess County Road No. 76; thence North 01 °53'23" West along said margin, 216.74 feet; thence along a curve • to the right having a radius of 306.48 feet, through a central angle of 2 °52'12" an arc distance of 15.35 feet to a survey monument on the South line of the North 1,089.31 feet of the said Southwest Quarter of the Southwest Quarter of Section 35; thence North 87 °57'17" West on said South line, 331.09 feet, more or less, to a survey monument; thence North 47 °11'37" West, 32.95 feet; thence South 16 °56'40" West, 262.12 feet to the TRUE POINT OF BEGINNING. • • April 2, 1979 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL APPOINTMENTS Tukwila Park Commission: Mildred Heppenstall and Ann Crain PUBLIC HEARINGS Street' Vacation - Southcenter Blvd. and 52nd So. requested by LeRoy Bowen Proposed zoning regulations and annexation of 2.1 acres west of 57th So. & adjacent to southern boundary Segale, Inc.) TUKWILA CITY COUNCIL Regular Meeting MINUTES .Mayor Bauch, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, Council President; MABEL J. HARRIS, J. REID JOHANSON,.DANIEL J. SAUL, DWAYNE D. TRAYNOR. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT COUNCILMAN VAN DUSEN BE EXCUSED FROM THE MEETING. MOTION CARRIED. LAWRENCE E. HARD, City Attorney; RON SWANSON, Finance Director; MAXINE ANDERSON, City Clerk. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE MINUTES OF THE REGULAR MEETING OF MARCH 19, 1979, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Claims Fund Vouchers #2369 - #2489 Current Fund 2369 -2452 $35,359.74 Golf Crse. Spec. Rev. 2453- 2,708.00 Street.Fund 2454 -2466 11,464.89 Land Acq, Bldg, Dev. 2467 -2470 5,796.75 Water Fund 2471 -2480 12,392.46 Sewer Fund 2481 -2489 7,900.34 $75,622.18 Tukwila City Hall Council Chambers Mayor Bauch's letter of appointment was read for the record. He is recommending that Mrs. Mildred Heppenstall be appointed to Position #2 and Mrs. Ann Crain to position #4 on the Tukwila Park Commission. Both ladies were originally appointed to the Commission to fill unexpired terms. The terms expired March 31, 1979. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT COUNCIL CONCUR WITH THE APPOINTMENTS OF MRS. HEPPENSTALL AND MRS. CRAIN TO THE PARK COMMISSION. MOTION CARRIED. Mayor Bauch said that Mr. LeRoy Bowen has petitioned the City to vacate a portion of property 160 feet by 20 feet lying north of Southcenter Blvd. and east of 52nd Avenue So. The City Council had previously discussed this matter in April, 1978. At that time it was believed that the property was still under State jurisdiction. We now find that the property has been turned back to the City. The law requires that a public hearing be held. l'lith that, he declared the Public Hearing open. No comment was received from the audience. The Public Hearing was closed. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT THIS ITEM BE PLACED ON THE COMMITTEE OF THE WHOLE AGENDA FOR APRIL 9, 1979. MOTION CARRIED. As duly published, the Public Hearings are combined on (1) adoption of proposed zoning regulations to become effective if the annexation of 2.1 acres of property lying west of 57th Ave. So. and adjacent to the southern boundary is completed and (2) to consider the annexation of said property. Mayor. Bauch declared the Public Hearing open. He asked for comments from the audience. There being no comment, the Public Hearing was closed. •TUK1LA CITY COUNCIL, REGULAR MEETING April 2, 1979 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Receipt of Notice of 2 appeals- - Inco Express & V. Di Pietro and P. Hemenway & E. Springer OLD BUSINESS Petition for Street Vacation requested by G. E. Schneider ORDINANCES Ordinance #1107 - Amending the 1979 Budget to appro- priate unantic- ipated revenues for street projects & capital equipment Ordinance #1108 - Adopting a proposed zoning regulation for the area lying outside the City (M.A. Segale, Inc.) Resolution #680 - Providing for interfund loan between sewer Fund & Golf Course Unlimited. 1978 G.O. Bond Debt Service Fund Mayor Bauch noted, for the record, receipt of Notice of Appeal No. 860255, Inco Express, Inc. and Victor Di Pietro D /B /A Victor Enterprises and Notice of Appear No. 860401, Philip Hemenway and Elizabeth Springer. The appeals are against the actions of the Boundary Review Board in the matter of the proposed annexation of the Riverton Area to the City of Tukwila. The Public Hearing on the vacation of a portion of street at 65th Ave. So. (Macadam Rd.) and Southcenter Blvd. was held at the Regular Meeting of March 19th. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT THE PETITION FOR STREET VACATION BE DENIED.* Councilman Harris asked if this request could be brought back to Council again. Mayor Bauch said they could come back any time. *MOTION CARRIED. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila amending the 1979 budget as adopted by Ordinance No. 1090 to appropriate unanticipated revenues for street projects and capital equipment procurement. MOVED BY HARRIS, SECONDED BY SAUL, THAT ORDINANCE NO. 1107 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Washington, pursuant to RCW 35 A.14.330 adopting a proposed zoning regulation for the area described lying outside of the City of Tukwila, providing that said area shall become subject to said. zoning regulation upon annexation to the City of Tukwila and supplementing Ordinance No. 251 as amended. MOVED BY BOHRER, SECONDED BY SAUL, THAT ORDINANCE NO. 1108 BE ADOPTED AS READ.* Mayor Bauch noted that this ordinance provides for M -1 zoning as recommended by the Planning Commission. *MOTION CARRIED. Councilman Harris asked if this is the same procedure that will be used on the proposed Allentown annexation and was told it was. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution providing for an interfund loan between the sewer fund and the Golf Course Unlimited 1978 G.O. Bond Debt Service Fund. MOVED. BY HARRIS, SECONDED BY SAUL, THAT RESOLUTION NO. 680 BE ADOPTED AS READ.* 'TUKWILA CITY COUNCIL, REGULAR MEETING April 2, 1979 Page 3 RESOLUTIONS - Cont. Resolution #680 - Providing for interfund loan between sewer fund rol f. Course Unlimited 1978 G.0 Bond Debt Service Fund 7:20 P.M. •Resolution #681 - Authorizing the Mayor to enter into a relinquish- ment agreement with the State of Wash. Resolution `682 - Annexing property contiguous to the City, owned by M.A. Segale, Inc. Resolution #683 - Amending the adopted job classification schedule Budget ..:4oti on No. 79 -2 : Rec l.ass.i fy i n g position in Finance—Dept. Mayor Bauch noted that this is a loan from a fund that has reserve money to carry through until the Real Estate Tax Monies arrive. *MOTION CARRIED. Councilman Hill arrived at the meeting. MOVED BY TRAYNOR, SECONDED BY BOHRER, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. City Attorney Hard read a resolution authorizing the Mayor to enter into a relinquishment agreement (L -4946) with the State of Washington, Washington State Department of Transportation, in reference to relinquishment of certain rights -of -way. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION NO. 681 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution of the City of Tukwila, Washington, annexing certain property contiguous to the City of Tukwila, said property being owned by M. A. Segale, Inc. and being declared in the petition to annex. MOVED BY BOHRER, SECONDED BY TRAYNOR, THAT RESOLUTION NO. 682 BE ADOPTED AS READ.* Mr. Chris Crumbaugh, representing M. A. Segale, Inc., noted that the property is owned by the Incorporation. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE WORD "INCORPORATED" BE ADDED AFTER M. A. SEGALE WHERE IT APPEARS IN THE RESOLUTION. MOTION CARRIED. *MOTION CARRIED. Mr. Crumbaugh thanked the Mayor, Council and Staff for the amount of time spent on this item. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. City Attorney Hard read a resolution of the City of Tukwila, Washington, amending the provisions of Resolution No. 614 as they relate to the adopted job classification schedule. MOVED BY HARRIS, SECONDED BY SAUL, THAT RESOLUTION NO. 683 BE ADOPTED AS READ.* Mayor Bauch explained that this Resolution eliminates the 2 accounting positions and creates the positions of Accounting Clerk I and Accounting Clerk II. *i10TION CARRIED WITH HILL VOTING NO. MOVED BY HARRIS, SECONDED BY BOHRER, THAT BUDGET MOTION NO. 79 -2 BE ADOPTED AS SUBMITTED.* Councilman Johanson asked, if we are creating . 2 positions, why doesn't this include the Accounting Clerk I also. ri Ron Swanson, Finance Director, said the Accounting Clerk I p : is already in the original budget. Mayor Eauch said this is a housekeeping item. TUKWILA CITY COUNCIL, REGULAR MEETING February 20, 1979 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS - Cont. Notice of Appeal 858689: King County & Fiorito, a partnership vs. City of Tukwila (LID #25) NEW BUSINESS Intent to annex 2.1 acres of property, owned by M.A. Segale (west of 57th and adja- cent to South City limits ORDINANCES Ordinance #1103 - Extending the loan period on LID #28 Ordinance #1104 - Amending Ord. #400 to correct an error in legal description .Mayor Bauch recognized for the record receipt of Notice of Appeal No. 858689, King County and Fiorito, a partnership, vs. City of Tukwila. The appeal involves the matter of assessments for Local Improvement District No. 25. MOVED BY BOHRER, SECONDED BY SAUL, THAT PURSUANT TO R.C.W. 35A.14.120: (1) The City accept the proposed annexation. (2) The City require simultaneous adoption of a proposed zoning regulation as requested. The City require assumption of existing city indebtedness by the area to be annexed.* (3) Mayor Bauch noted that under the direct petition method Council must say they will accept the petition before the petition is submitted to the City. There will have to be two public hearings on zoning and one on the annexation held before Council considers the final annexation ordinance. The first public hearing has been set for February 26. The petitioner is asking for M -1 zoning on their property but this item still has to go before the Planning Commission and they send their recommendation back to Council. *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila Washington, extending the loan period on L.I.D. #28 and amending section 2 of Ordinance No. 1086. MOVED BY BOHRER, SECONDED BY SAUL, THAT ORDINANCE NO. 1103 BE ADOPTED AS READ.* City Attorney Hard said that the lawsuit on L.I.D. #28 came before the Supreme Court last week. They determined this is an issue of significant importance and they want to hear the arguments. *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an Ordinance amending Ordinance No. 400 to correct an error in legal description of certain real property. MOVED BY BOHRER, SECONDED BY SAUL, THAT ORDINANCE NO. 1104 BE ADOPTED AS READ.* Councilman Harris said the ordinance earmarks the error as clerical or typographical and she stated that the purpose behind the correction was not to state who made the error. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE ORDINANCE BE AMENDED'TO STRIKE THE WORD "CLERICAL" IN THE TITLE AND STRIKE THE WORDS "CLERICAL AND TYPOGRAPHICAL" IN THE SECOND WHEREAS AND CHANGE THE "A" TO "AN ". MOTION CARRIED. Y V V 7:00 P.M. CALL TO ORDEP. ROLL CALL OF COUNCIL BOHRER, HARRIS, HILL, JOHANSON, SAUL, TRAYNOR. MEMBERS APPROVAL OF MINUTES MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE MINUTES OF THE JANUARY 22, 1979 COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED. CARRIED. DISCUSSION Citizen Comment - Lack of apartments for tenants with children. M. A. Segale letter of intent to annex 2.1 acres of industrial property. COMMITTEE OF THE WHOLE MEETI` Council Chambers ,,-- MINUTES 1 Council Presidnt�B�ohrer called the Tukwila City Council Committee of the Whole Meeting to order at 7:02 P.M. / /. MOVED BY TRAYNOR, SECONDED BY HILL, THAT CITIZEN COMMENTS BE HEARD AT THIS TIME. CARRIED. Vicki Plano, 1307 Ethier Road, Apartment A, Renton, Washington 980E said she had been unable to find an apartment in Tukwila because sP has two children. She said she previously lived in Tukwila for si> years, she works here, and wanted to return. She said she cannc buy a condominium because she has children. She said she had taker her complaint to several agencies and they suggested she bring the matter to the City Council. Councilman Johanson asked Ms. Plano if this condition exists in Tukwila only or if it is a general condition. Ms. Plano said the condition exists all over. In Seattle she has found the same situ tion, they do not want children. She said there are homes for rent but they are too expensive. She said she realized there are rowdy children, but her children are well disciplined, she has excellent references, she has a job and can pay her rent. Councilman Saul said there is a place next to the Stardust Apartments where they w• take children, but a lot of apartments are not made for children and cannot provide proper environment for them. Ms. Plano agreed there was the one place. Councilman Hill suggested the Council seek advice from the City Attorney as to what action can be taken. .Councilman Harris said sl was shocked to hear there are apartments in Tukwila where children not taken. She said she would like to have a survey made. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE MATTER REMAIN IN ' COMMITTEE OF THE WHOLE SO AN ANSWER COULD BE GIVEN TO MS. PLANO AS SOON AS A SURVEY HAS BEEN CONDUCTED. * Mayor Bauch said he would check with the City Attorney to see what action the City can take. He said he would recommend that a publi hearing be scheduled so the apartment owners could come and presen their side. He said Staff would make a survey and report on the policies that exist in Tukwila with respect to renting to tenants with children. He said the Staff Report would be presented at the next Committee of the Whole Meeting. *CARRIED. Mayor Bauch stated the memorandum from Kjell Stoknes, OCD Director stated the Council should decide if they will accept the proposed annexation; decide whether it shall require the simultaneous adoption of a proposed zoning regulation; and whether or not to require assumption of City indebtedness. Mayor Bauch stated he would recommend the matter be referred to the Planning Commission. Chris Crumbaugh, audience, said the present neighboring zoning is SE. (Suburban Estate), the area is 2.14 acres, and none is under water. He said the machinery yard is going to have an eight foot fence built around it this summer. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT THE SEGALE REQUEST FOR ANNEXATION BE ON THE AGENDA OF THE FEBRUARY 20, 1979 REGULAR COUNC MEETING. * .ge 2 ,A CITY COUNCIL COMMITTEE -OF THE WHOLE MEETING nary 13, 1979 +' DISCUSSION - Contd. M. A. Segale letter of intent to annex 2.1 acres of indus. property - contd. Revisions to proposed design of LID #28. Prop. Ord. extending the loan period on LID i28. Mayor's report on prop. Riverton Annexation. -t Council President Bohrer said the Council concurred on the acceptance of the proposed annexation. The Council concurred they would require the simultaneous adoption of a proposed zoning regulation. The Council concurred to require the assumption of City indebtedness. Mayor Bauch said this matter would be referred to the Planning Commission for zoning and then referred back to the Council. *CARRIED.. Mayor Bauch said it had been suggested that the LID boundaries could be adjusted to exclude 57th Avenue South or a redesign could provide for overlaying the existing roadway after the proposed drainage and curbing were installed. He said the Tukwila Apartments were excluded from the LID, one of the reasons being that the original road was put in by the developers of the apartments. He said also the Condominium Builders had suggested Puget Sound Power and Light provide the street lighting. He said Terry Monaghan, Public Works Director, had said that if, after negotiations, Puget Power agrees to bear any portion or all of the street lighting costs, the LID assessment roll would be reduced. Councilman Harris said she felt the entire area should participate, including the Tukwila Apartments. She said it was part of the rezone condition that the street be upgraded to City standards. Gerry Marcy, attorney, representing Mr. Winn (property owner), said litigation is going on now and part of the negotiation of changing is an attempt to get away from litigation. His concern is not to reduce the scope of the LID. Councilman Johanson said he saw no reason to delete anything from the LID. Mayor Bauch said the Tukwila Apartments were excluded from the LID, but the Graydon Smith property was included. Council President Bohrer said the Council would not take any action on this matter at this time. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE EXTENDING THE LOAN PERIOD ON LID #28 AND AMENDING SECTION 2 OF ORDINAN NO. 1086, BE ON THE AGENDA OF THE FEBRUARY 20, 1979 REGULAR COUNCIL MEETING. CARRIED. Gerry Marcy, attorney, representing Mr. Winn, property owner, asked why the rate of interest had been increased from 7% to 9% on the extension of time. Councilman Harris said the increase was due to the fact that interest rates have increased and 9% was what the City could be receiving on the money. Mayor Bauch reported the Boundary Review Board Hearing would be held Thursday, February 15, 1979 at 7:30 p.m. at the Southeast Community Center. Mayor Bauch reviewed the remarks he would make to the Boundar Review Board; the outline follows: The City is neutral, he would present the facts and not make a sales pitch; most of the data has already been submitted; annexation should be up to residents of the area being annexed; the City.has the ability to manage and absorb the annexation area; annexation is in accordance to the King County draft policy dated October 1978; annexation is in . accordance with P.S.C.O.G. Subregional Plan adopted January 25, 1977; annexation is in accordance with Tukwila Annexation Policy adopted April 3, 1978; the request of petitioners essentially agrees with Com; rehensive Plan adopted September 19, 1977; the land use will be resol' within three to four months - there will be a waiver system for true emergencies, not speculation; the City has held public hearings with Fire Districts 1 and 18; the City is ready to contract but can provide as good or better service if they decline; the City has met with King County on this annexation; Skyway is not an island by this annexation the City has met with four major commercial interests in the area; by resolution the School District supports the annexation; Allentown are submitted a petition on February 13, 1979 and it is be'r.: processed by the City. The Mayor distributed a prelir b:idce: cn the River t:- a ' d discussed it w th t ' e +r _ CI T Y OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT 22 February 1979 8:00 P.M. AGENDA ITEM IX A Recommended Zoning: Proposed Annexation ( Segale) Mario A. Segale has submitted a letter of intention to annex a 2.1 acre piece of land to the City of Tukwila, (SEE, Exhibit A). The subject property is located along the west side of 57th Avenue South and is contiguous to the southern city limits, (SEE, Exhibits B and C). FINDINGS: 1. The property is presently situated in unincorporated King County and is zoned M -L -P, Manufacturing Park. 2. The County's M -L -P district is essentially a light industrial classifica- tion, allowing general commercial, office, and light manufacturing and warehousing uses. Setbacks in the M -L -P district are similar to the C -M district in the City of Tukwila (i.e., 50 foot front yard setback). Also, the'M -L -P district requires site plan approval prior to issuance of building permit. 3. Presently, the level portion of the subject site is occupied by a night watchman's residence and a trailer used as a temporary bank facility for Seattle Trust and Savings. 4. A topographic survey of the site has not been submitted. On -site investi- gations indicate that the major portion of the site is level bottomland. However, a steep, wooded hillside cuts across the property's west end, rising sharply to the west. 5. Tukwila's Comprehensive Land Use Plan Map indicates the lowland portion of the site for "Light Industry" and the sloping portion for "Low- density Residential." 6. Several policy -statements in the City's "Annexation Policy and Data Book" are applicable to the proposed annexation: Comprehensive Plan Policy: The Comprehensive Plan for the annexation area should be established consistent with the City's Comprehensive Plan. Zoning Policy: Public hearings should be held on zoning prior to annexation, which would involve anyone interested from the area and a commitment made on the proposed zoning for it to be annexed. Planning Commission Page 2 Staff Report Policy: For small or single property annexation areas, zoning should be converted from county zoning to the City classification most similar to that of the county classification and should take effect upon annexation. 7. Present city zoning of adjacent land on the north is M -1. Present zoning of the Segale Business Park located to the north and east of the proposed annexa- tion area is M -2, subject to the site plan review by the Board of Architectural Review (a C -M requirement). CONCLUSIONS: 1. The proposed annexation area is within the Tukwila Planning Area and, therefore, planned land use has already been designated by the City. The present use of the low lying property would be generally consistent with the proposed light industrial land use as indicated on the City's Comprehensive Land Use Plan Map. The undeveloped hillside is generally planned for low- density residential use. 2. Existing county zoning of the site, M -L -P, is probably most similar to Tukwila's C -M district (Industrial Park). Setbacks, permitted uses, and design review requirements of both these zone districts are similar in both intent and dimension. 3. The City's C -M district would allow both the watchman's residence and banking uses presently occupying the site. 4. The sth;ep slope located on the west side of the site comprises a minor por- tion of the overall site; future status of this hillside may be controlled through SEPA upon annexation. RECOMMENDATION: 22 February 1979 Based on the above Findings and Conclusions, staff recommends the Planning Commis- sion recommend to the City Council that the proposed annexation area be zoned C -M (Industrial Park) upon annexation to the City of Tukwila. January 29, 1979 Very truly: yours, M. A. SEGALE, enc. M. A. SEGALE INC. GENERAL CONTRACTORS The Honorable Mayor and The City Council City of Tukwila Tukwila City Hall ,Tukwila,' Washington 98188 M. A. Se President cc: Mr. Kjell Stokness, Director O.C.D. MAS:sb EXHIBIT A PROPOSED ANNEXATION AREA Re: Annexation of Property Owned by M. A. Segale, Inc. Honorable Mayor•and City Council: M. A. Segale, Inc. is the owner of an approximate 2.1 acre .piece,of industrial property located adjacent and contiguous to the southern city limits of the City of Tukwila. A copy of the description of this property is attached to this letter. Pursuant:to R.C.W. 34A.14.120, we hereby give you notice of our intention to commence proceedings to annex this property to the City of Tukwila. It is our understanding the Optional Municipal Code provides that after the filing of this request, the legislative body will set a date for a meeting with us to consider the proposed annexation. We hereby request that such a meeting be.held as soon as your schedule permits. Please be advised that we are willing to assume the bonded .indebtedness of the city as to the annexation parcel. Also, - please note we will be requesting that • the property be zoned to . allow our existing facilities to continue; and pursuant to your annexation policies, that the hearing on the zoning designation take prior.to annexation. • We will be available for a meeting with .the council at any time. P.O. BOX 88050■ 18010 SOUTHCENTER PARKWAY• TUKWILA, WASHINGTON 98188■ TELEPHONE:(206) 226-3200 AN EQUAL OPPORTUNITY EMPLOYER Containing 2.14 Acres. EXHIBIT B PROPOSED ANNEXATION AREA LEGAL DESCRIPTION: That portion of the Southwest Quarter of the Southwest Quarter of of Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: COMMENCING at the Southwest corner of the Southwest Quarter of said Section 35; thence South 87 °59'06" East along the South line of said Southwest Quarter, 835 feet to the TRUE POINT OF BEGINNING; thence continuing South 87 °59'06" East along said South line, 438.99 feet to the Westerly margin of Mess County Road No. 76; thence North 01 °53'23" West along said margin, 216.74 feet; thence along a curve • to the right having a radius of 306.48 feet, through a central angle of 2 °52'12" an arc distance of 15.35 feet to a survey monument on the South line of the North 1,089.31 feet of the said Southwest Quarter of the Southwest Quarter of Section 35; thence North 87 °57'17" West on said South line, 331.09 feet, more or less, to a survey monument; thence North 47 °11'37" West, 32.95 feet; thence South 16 °56'40" West, 262.12 feet to the TRUE POINT OF BEGINNING. oo --- r W ee:4" /f0.4 •oas • Ex / s74 9 g4 /A E .cis$f / eP / 0 all d 2.19 EXHIBIT C PROPOSED ANNEXATION AREA • ji 1I \ 5. r 9 ?Ri?� • R.1.9.6 EXHIBIT D PROPOSED ANNEXATION AREA ir • • , i 1 • • t • CITY OF TUKWILA ZONING LEGEND 04 RESIDENTIAL-AGRICULTURAL R1.7.2 1 FAMILY RESIDENCE 0.1.9.6 1 FAMILY RESIDENCE 111.12.0 1 FAMILY RESIDENCE 124.1 2 FAMILY RESIDENCE 0.3 3 FAMILY RESIDENCE 0.3.60 3041 FAMILY RESIDENCE 01 L0W APARTMENTS RMN MULL RESIDENCE HIGH DENS. PUBLIC FACILITY NEIGHBORHOOD RETAIL C•2 LOCAL RETAIL CPR PLAN'D BUS. CENTER REGIONAL INDUSTRIAL PARK M•1 LIGHT INDUSTRY M•2 HEAVY INDUSTRY PF C.1 CM M ON MI $I ,..a$can run CITY OF TUKWILA PLANNING DEPARTMENT MAY 1975TUKWILA WASHINGTON•REVISIOHS 1 35A.11.320 Optional Municipal Code Provided, That this right of annexation shall not apply to any territory more than four miles from the corporate limits existing. before such annexation. [1967 1st ex.s. c 119 § 35A.14.310.] :15A.111.321) Provisions of ordinance— Authority over an- nexed territory. In the ordinance annexing territory pursuant to a gift, grant, or lease from the government of the United States, a code city may include such tide and shorelands as may be necessary or convenient for the use thereof, and may include in the ordinance an acceptance of the terns and conditions attached to the gift, grant, or lease. A code city may cause territory annexed pursuant to a gift, grant, or lease of the government of the United States to be surveyed, subdivided and platted into lots, blocks, or tracts and lay out, reserve for public use, and improve streets, roads, alleys, slips, and other public places. It may grant or sublet any lot, block, or tract therein for commercial, manufacturing, or industrial purposes and reserve, receive and collect rents therefrom. It may expend the rents received therefrom in making and maintaining public improvements therein, and if any surplus remains at the end of any fiscal year, may transfer it to the city's current expense fund. [1967 1st ex.s. 119 § 35A.14.3201 35A.14.330 Proposed zoning regulation— Purposes of regulations and restrictions. The legislative body of any code city acting through a planning agency created pursuant to chapter 35A.63, or pursuant to its granted powers, may prepare a proposed zoning regulation to become effective upon the annexation of any area which might reasonably be expected to be annexed by the code city at any future time. Such proposed zoning regulation, to the extent deemed reasonably necessary by the legislative body to be in the interest of health, safety, morals and the general welfare may provide, among other things, for: (1) The regulation and restriction within the area to be annexed of the location and the use of buildings, structures and land for resi- dence, trade, industrial and other purposes; the height, number of stories, size, construction and design of buildings and other struc- tures; the size of yards, courts and other open spaces on the lot or tract; the density of population; the set -back of buildings and struc- tures along highways, parks or public water frontages; and the subdivision and development of land; (2) The division of the area to be annexed into districts or zones of any size or shape, and within such districts or zones regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land; (3) The appointment of a board of adjustment, to make, in appropriate cases and subject to appropriate conditions and safe - guards established by ordinance, special exceptions in harmony with the general purposes and intent of the proposed zoning regula- tion; and 1 35A_14 16 1 S - 9/1/67 Annexation 35A.14.350 (4) The time interval following an annexation during which the ordinance or resolution adopting any such proposed regulation, or any part thereof, must remain in effect before it may be amended, supplemented or modified by subsequent ordinance or resolution adopted by the annexing city or town. All such regulations and restrictions shall be designed, among other things, to encourage the most appropriate use of 1s,n,1 throughout the area to be annexed; to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light. and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote a coordinated development of the unbnilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the requirements of community life; to con- serve and restore natural beauty and other natural resources; to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements. [1967 1st ex.s. c 119 § 35A.14.330.] 35A.14.340 Notice and hearing— Filings and recordings. The legislative body of the code city shall hold two or more public hearings, to be held at least thirty days apart, upon the proposed zoning regulation, giving notice of the time and place thereof by publication in a newspaper of general circulation in the annexing city and the area to be annexed. A copy of the ordinance nr resolution adopting or embodying such proposed zoning regulation or any part thereof or any amendment thereto, duly certified as a true copy by the clerk of the annexing city, shall be filed with the county auditor. A like certified copy of any map or plat referral to or adopted by the ordinance or resolution shall likewise be tiled with the county auditor. The auditor shall record the ordinance or resolution and keep on file the map or plat. [1967 1st ex.s. c 119 35A.14.340.] 35A.14.350 Annexation of water, sewer, and fire districts — Disposition of properties -- Outstanding indebtedness. Whenever any territory which includes all the territory of a water, sewer or fire protection district, hereinafter referred to as "the district ", has been heretofore or is hereafter annexed to a code city, all real and personal property, franchises, rights, assets, taxes levied but not collected for the district for other than indebtedness, water or sewer lines, facilities, or equipment of the district shall become the property of a code city to which annexation is made and such city shall, in addition to its other powers, have the same power to manage, control, maintain and operate such facilities and to lix and collect charges to customers as the commissioners of the district had prior to annexation, subject, however, to any outstanding in- debtedness, bonded or otherwise, of the district or local iiuproec- S-- 9/1/67 1 35A.1.1 --p i 1 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING Tiler in oath, deposes and says that .. is the � :�'I ,'}} C 1 of THE DAILY RECORD CHR6ISrCLE, a newspaper pub she six (6) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a newspaper published four (4) times a week in Kent, King County Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to -wit, King County, Washington. That the annexed is a u1:: 1.17 x .cty 1 1 2.5 as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of 1 consecutive issues, commencing on the 3.1 day of e «; . .. e ,19 7 , and ending the day of ,19 , both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of S which has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. V.P.C. Form No. 97 Rev. 7 -79 SS. being first duly sworn on • teil ;lr..rk Subscribed and sworn to before me this Lti day of Notary Pub's i ' and for the State of Washings n, residing at Kent, King Coufity. — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. OC STATE OF WASHINGTON COUNTY OF KING Affidavit of Publication SS. being first duly sworn on oath, deposes and says that is the - 3 of THE RENTON RECORD-CHRONICLE, a newspaper published four (4) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a news- paper published four (4) times a week in Kent, King County, Washington, i and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Renton Record-Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to-wit, King County, Washington. That the annexed is a 1 1 1 as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of 1 consecutive issues, commencing on the 1 / 4 - 1 day of (AI ,19 .... , and ending the day of ,19 , both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for for the foregoing publication is . the sum of which has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. Subscribed and sworn to before me this ;J 1 day of vuly , 10' V.P.C. Form No. S7 — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western-Union-Telegraph-Co. rules for counting words and figures, adopted by the newspapers of the State. mcc#10 ILW.WASIONCi , N EX P401 TEAR ITO RNIg'it, TIGUOUS VINE , ttheAriLkr: VIREFER X01014 *10 AREA f,OF* iso N ANCE4 ASUB.JE TOjt INANCE 7 .. ,, , e3,1 11. , ? . • , ." .? • afrd PijIr ''l :1 •'°' :. ce 4 4 ..1 P ■ .., i, ,...,,,... 2 4'44.'4 q•.+Vcii1/443 4 1.4,%.4 , 147 - ,ek : .1. 414 , 4 , 4,A.14r • Y.C a . . 4 hako . . s 7 41) • • • r - • Notary c in and for the State of Wa ngton, residing at Kent, Ki�gCounty. ; 49_91ri4L, LNI 4and ,.00404040 v SothwI5