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HomeMy WebLinkAboutReg 2012-05-21 Item 7 - Discussion - Potential Annexation Area in North HighlineCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review 05/21/12 7P ITEM INFORMATION STAFF SPONSOR: MINNIE DHALIWAL ITEMNO. Council review 7 ORIGINAL AGENDA DATE: AGENDA ITEM TITLE 10% annexation petition for Tukwila's Potential Annexation Area(PAA) -North Highline CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 05121112 Mtg Date 05121112 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PW SPONSOR'S The property owners representing at least 10% of the assessed value of the proposed SUMMARY annexation area of Tukwila's PAA in the North Highline area have submitted their intent to commence annexation proceedings. City Council is being asked to accept the 10 0 /0 petition and authorize the circulation of 60% petition for annexation. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE 05/21/12 MTG. DATE 05/21/12 RECORD OF COUNCIL ACTION ATTACHMENTS Information Memorandum dated 5/17/12 Detailed procedures and flowchart of the petition method of annexation 10% petition including the map and legal description of the proposed annexation area 239 240 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Committee of the Whole FROM: Jack Pace, Department of Community Development Director BY: Minnie Dhaliwal, Planning Supervisor DATE: May 17, 2012 SUBJECT: 10% Request for Annexation for Tukwila's Potential Annexation Area in North Highline Annexation Area. ISSUE Should the City Council accept the 10% petition and allow the property owners to gather signatures on the 60% petition? BACKGROUND Tukwila designated the North Highline area as a potential annexation area (PAA) in the City's Comprehensive Plan in 1995.The City of Seattle has also designated a PAA that includes a much larger area of unincorporated North Highline that overlaps with Tukwila's PAA. There are no overlap issues between Burien and Tukwila's PAA. The Burien City Council adopted a resolution on April 2, 2012, requesting King County to place annexation of its PAA on the November 6, 2012, General Election ballot. The Community Affairs and Parks Committee was briefed on this issue on March 14, 2011, and the Committee of the Whole was briefed on March 28, 2011. On April 4, 2011, Tukwila City Council adopted the resolution number 1737 to commence negotiations with King County for an Interlocal Agreement with King County. The Community Affairs and Parks Committee was briefed on July 27, 2011, informing them that staff and administration will be meeting with the property owners and reviewing the feasibility of other methods of annexation. There are a number of methods of annexation including election, petition and Interlocal Agreement method. Since then administration and staff has met with some of the property owners in the area. DISCUSSION At this time property owners representing at least 10% of the assessed value of the proposed annexation area of Tukwila's PAA have submitted their intent to commence annexation proceedings. City Council is being asked to accept the 10% petition. Pursuant to RCW 35A.14.120, the City Council shall set a date, no more than sixty days after the filing of this request, for a meeting with the signers to determine whether the Council will accept, reject or modify the proposed annexation. Additionally, if the Council accepts the 10% petition, it must also determine whether: 1. The simultaneous adoption of proposed zoning regulations shall be required; and 2. The assumption of all or any portion of existing city indebtedness by the area to be annexed shall be required. 241 INFORMATIONAL MEMO Page 2 By accepting the 10% petition, City Council authorizes the circulation of the Petition for Annexation, which must be signed by owners of 60% of the value of the property included in the annexation boundaries. After the 60% petition is signed the City Council will be asked to hold a public hearing and accept the 60% petition. It will then be submitted to King County Boundary Review Board for approval. The detailed steps involved with the petition method of annexation are attached to this memo. FINANCIAL IMPACT Preliminary fiscal analysis indicates that additional revenue will likely exceed the costs associated with the annexation. RECOMMENDATION Accept the 10% Request as submitted, authorize the circulation of the Petition for Annexation (60% petition) and require both the simultaneous adoption of zoning and the assumption of all existing city indebtedness. ATTACHMENTS Detailed procedures and flowchart of the petition method of annexation 10% petition including the map and legal description of the proposed annexation area MVA Detailed Procedures for 60% Petition Method of Annexation (RCW 35A.14) 1. Community initiates preliminary petition: The initiating party or parties (owners representing not less than 10% of the value of properties) give notice to the City Council of their intention to commence annexation. Preliminary petition is provided to City. 2. City Council decision: City Council meets with the initiating party and accepts, rejects or modifies annexation. May require area to adopt Comprehensive Plan assume portion of indebtedness. No appeal from Council decision. (Time Period: Council meets within 60 days of 10% petition) 3. Community initiates 60% petition after the City Council approves annexation. Petition with signatures of owners representing not less than 60% of the value of properties or acreage must be provided to the City. King County Assessor validates notifies. With a validated petition, the City Council holds a public hearing and makes a decision. (Time Period: Signatures valid for 180 days. Assessor must process with "reasonable promptness. City Council hearing as soon as possible) 4. City submits a Notice of Intention to Annex (NOI) to the King County Boundary Review Board (BRB). NOI includes the rationale for annexation, legal documents, maps, service data, and compliance with state /regional law. (Time Period: Immediately after the City Council action) 5. BRB Process: BRB coordinates NOI review by County agencies, other affected agencies, and public. Reviews NOI at a Board meeting. Holds a public hearing if jurisdiction is invoked. Takes action to approve, deny or modify the application. (Time Period: 120 day maximum, with possible extensions for public hearing) 6. Appeals Process: BRB decision can be appealed. Issues dictate whether appeal is to BRB, to Superior Court or to Growth Management Hearings Board. (Time Period: 10 days to appeal to BRB; typically 30 days to Superior Court or GMHB) 7. Annexation Approval Process: a) With BRB Approval: City finalizes. City adopts annexation ordinance setting terms for adoption of Comprehensive Plan assumption of debt. Area joins city. (Time Period: Open usually 30 -60 days) b) With BRB Changes: If the BRB modifies annexation, next actions are based on change for example if BRB reduces area, change is acceptable to community, the modified annexation can be submitted to City Council to adopt per previous direct petition method. If BRB makes other changes to area, a new petition may be required. (Time Period: Based on modifications c) With BRB Denial: If BRB denies annexation, then proposed annexation cannot be resubmitted for 12 months. A new proposal including some properties within the original area (e.g., smaller area, different area) can be submitted sooner. 8. Becoming a part of the City: When annexation is completed (e.g., ordinances /resolutions adopted), and filed with State, the area joins City. The City will conduct a census of the annexed area. The information will become the basis for establishing representation, service levels, revenues and costs. (Time Period: Open generally occurs within 3 months.) 243 direct petition annexation process chart Request for Annexation to Tukwila The undersigned property owners hereby notify the City of Tukwila of the property owners' intent to commence annexation proceedings pursuant to RCW 35A.14.120. At least 10% of the proposed annexation territory is owned by the undersigned and a map and legal description of the full area proposed for annexation is attached to this petition. This fulfills the 10% requirement of RCW 35A.14.120. The undersigned requests that the City Council set a date, no more than sixty (60) days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject or modify the proposed annexation and resolve other issues as required by state law. 000160 -0046 Assessor's Tax Lot Number 932214 1h Avenue South. Seattle, 98108 Property Address Driftwood Developments LLC Property Owner Name (Printed) Warren Beardslev Property Owner Signa 16209 Crescent Dr' SW, Vashon. WA 98070 Property Owneriling Address 5/14/12 Date 000160 -0037 Assessor's Tax Lot Number 9300 14 Avenue South, Seattle, 98108 Property Address Driftwood Develotments LLC Property Owner Name nted) Warren Beardslev Property Owner ure 16209 Crescent rrive W Vashon, WA 98070 Property Owner Mailing Address 5/14/12 Date 000160 -0042 Assessor's Tax Lot Number 1425 14 Avenue South, Seattle. 98108 Property Address Driftwood Developments LLC Property Owner Name /Veashon. Warren Beardslev Property Owner Signa 16209 Crescent Drive WA 98070 Property Owner Mailing Address 5/14/12 000160- 0050 -05 Assessor's Tax Lot Number 9320 15 Avenue South Property Address Harsch Investment Properties LLC Property Owner Name (Printed) Robert L. Aianer Property Owner Sg"natute���'% 1121 SW Salmon Street. Portland. OR 97205 Property Owner Mailing Address 5/14/12 Date 245 Request for Annexation to Tukwila The undersigned property owners hereby notify the City of Tukwila of the property owners' intent to commence annexation proceedings pursuant to RCW 35A.14.120. At least 10% of the proposed annexation territory is owned by the undersigned and a map and legal description of the full area proposed for annexation is attached to this petition. This fulfills the 10% requirement of RCW 35A.14.120. The undersigned requests that the City Council set a date, no more than sixty (60) days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject or modify the proposed annexation and resolve other issues as required by state law. 2-4) Assessor's Tax Lot Number Assessor's Tax Lot Number 9 2 1 A ,s.. Property Address ff j.e Lc -IM Property Address <J LI I/xI A JQ rX t` o Property Owner Name (Printed) Property Owner Name (Printed) Property Owner Signature Property Owner Signature 14W A -K Property Owner Mailing Address J.J4 Wle Property Owner Mailing Address Date Date Assessor's Tax Lot Number Assessor's Tax Lot Number Property Address Property Address Property Owner Name (Printed) Property Owner Name (Printed) Property Owner Signature Property Owner Signature Property Owner Mailing Address Property Owner Mailing Address Date Date M: Request for Annexation to Tukwila The undersigned property owners hereby notify the City of Tukwila of the property owners' intent to commence annexation proceedings pursuant to RCW 35A.14.120. At least 10% of the proposed annexation territory is owned by the undersigned and a map and legal description of the full area proposed for annexation is attached to this petition. This fulfills the 10% requirement of RCW 35A.14.120. The undersigned requests that the City Council set a date, no more than sixty (60) days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject or modify the proposed annexation and resolve other issues as required by state law. 562420- 0021 -06 Assessor's Tax Lot Number 1608 S 96th St Seattle, 98108 Property Address Delta Marine Industries, Inc. Property Ow e rinte ProperyOwne ig ure Same as above Property Owner Mailing Address 5 J Date 562420 0005 -06 Assessor's Tax Lot Number 1835 S 96th Street, Seattle, 98108 Property Address Delta Marine Industries, Inc. Property O r N e rinted�) Property Owne SigpZure Same as above Property Owner Mailing Address 511-71/2 Date 562420 0006 -05 Assessor's Tax Lot Number 1745 S 96th St Seattle, 98108 Property Address Latitude Fort even, LLC Property O r e rinte Prope y Owne Si ture Same as above Property Owner Mailing Address 5 //7 Z Date Assessor's Tax Lot Number Property Address Property Owner Name (Printed) Property Owner Signature Property Owner Mailing Address Date 247 M 249 north highline annexation area map 250 PROPOSED ANNEXATION AREA THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 32 AND SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M., AND OF THE NORTHWEST QUARTER OF SECTION 4 AND NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF WESTERLY MARGIN STATE ROUTE 99 WITH THE NORTH LINE OF TRACT 55 OF MOORE'S FIVE ACRE TRACTS AS RECORDED IN VOLUME 9 OF PLATS, PAGE 28, RECORDS OF KING COUNTY WASHINGTON; THENCE EASTERLY ALONG SAID NORTH LINE OF TRACT 55 AND CONTINUING ALONG THE EASTERLY EXTENSION THEREOF TO THE THREAD OF THE DUWAMISH WATERWAY; THENCE NORTHERLY ALONG SAID THREAD OF THE DUWAMISH WATERWAY TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF MCNATT'S IT ADDITION TO SOUTH PARK HEIGHTS AS RECORDED IN VOLUME 9 OF PLATS, PAGE 9, RECORDS OF KING COUNTY, WASHINGTON, SAID LINE ALSO BEING THE EASTERLY EXTENSION OF THE PRESENT LIMITS OF THE CITY OF SEATTLE; THENCE WESTERLY ALONG SAID SOUTH LINE AND ALONG SAID LIMITS OF THE CITY OF SEATTLE TO THE EAST MARGIN OF 12' AVENUE SOUTH; THENCE SOUTHERLY ALONG THE EXTENSION OF SAID EAST MARGIN OF 12 AVENUE SOUTH AND CONTINUING ALONG THE PRESENT LIMITS OF THE CITY OF SEATTLE TO THE SOUTH MARGIN OF SOUTH CAMBRIDGE STREET EXTENDED EASTERLY; THENCE WESTERLY ALONG THE EXTENSION OF SAID SOUTH MARGIN OF SOUTH CAMBRIDGE STREET EXTENDED AND CONTINUING ALONG THE PRESENT LIMITS OF THE CITY OF SEATTLE TO THE INTERSECTION OF THE SOUTH LINE OF EXCELSIOR ACRE TRACTS NO.2 AS RECORDED IN VOLUME 9 OF PLATS, PAGE 48, RECORDS OF KING COUNTY, WASHINGTON WITH THE WESTERLY MARGIN OF SAID STATE ROUTE 99; THENCE LEAVING SAID PRESENT LIMITS OF THE CITY OF SEATTLE, SOUTHEASTERLY ALONG SAID WESTERLY MARGIN OF STATE ROUTE 99 TO THE 251 INTERSECTION WITH THE EAST LINE OF THE WESTERLY 178.51 FEET OF TRACT 8 OF SAID MOORE'S FIVE ACRE TRACTS; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE NORTH MARGIN OF SOUTH 96' STREET; THENCE EASTERLY ALONG SAID NORTH MARGIN OF SOUTH 96 STREET TO THE INTERSECTION WITH THE WESTERLY MARGIN OF STATE ROUTE 99; THE SOUTHEASTERLY ALONG SAID WESTERLY MARGIN OF STATE ROUTE 99 TO THE INTERSECTION WITH THE NORTH LINE OF SAID TRACT 55 OF MOORE'S FIVE ACRE TRACTS AND THE POINT OF BEGINNING. 252