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Ord 04-480 ORDINANCE NO. 04-480 AN ORDINANC OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISIDNG AN EFFECTIVE DATE OF JANU Y 1,2005 FOR THE PARKWAY ANNEXATION WHEREAS, residents with' the Parkway area have expressed interest in annexation to the City of Federal Way; and WHEREAS, the City Cou cil of the City of Federal Way, Washington, has determined that it would be in the best interest and general welfare of the City of Federal Way and the annexing area to annex certain property east of exis ing City of Federal Way City limits, south of 369th St. S. and 19th Way S., west of the east boundary 0 "Parcel X" in the Regency Ridge Condominium development and Enchanted Parkway and north 0 existing City of Milton City limits and Potential Annexation Area boundaries, and legally described n Exhibit "A" and graphically depicted in Exhibit "B" attached hereto and incorporated by reference as i fully set forth; and WHEREAS, although finan ial analysis of revenues and costs for the Parkway territory indicate a I net annual deficit to the City of federal Way of approximately $11,000, the benefits of annexing the territory, which include comPliante with the GMA, localized regulatory control and localized provision of services, outweigh the financial osts; and WHEREAS, the Federal W y City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, an adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequ ntly amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1,2001, March 27,2003, and July 20,2004; and WHEREAS, the July 20, 004 amendment included adoption of a Potential Annexation Area (PAA) Subarea Plan, which repl ced Chapter 8, "Potential Annexation Areas," of the Federal Way Comprehensive Plan, and; and WHEREAS, Chapter 8, "P tential Annexation Areas," of the Federal Way Comprehensive Plan ORD # 04-480 ,PAGEl OR! GINAL establishes Comprehensive Plan esignations and zoning classifications for property within the Potential Annexation Area; and WHEREAS, the Parkway a ea is within the City of Federal Way's Potential Annexation Area; and WHEREAS, the Growth anagement Act and the King County Countywide Planning Policies encourage transition of unincorp rated urban and urbanizing areas within Potential Annexation Areas from county governance to city go ernance; and WHEREAS, annexations ar exempt from the requirements of the state Environmental Policy Act; and WHEREAS, on July 6, 20 4 City Council passed Resolution 04-418 calling for annexation by election of the Parkway area; and WHEREAS, on August 23, 2004 the King County Boundary Review Board notified the City the Parkway annexation was consider d approved by the Board; and WHEREAS, on August 24, 004 City Council passed Resolution 04-424, setting an election date of November 2, 2004 for the Parkwa annexation; and WHEREAS, on September 7 and October 27, 2004 the City held informational open houses for the Parkway annexation; and WHEREAS, the City provi ed public notice of the Parkway annexation pursuant to RCW Chapter 35A.14.070; and WHEREAS, on November 2, 2004 voters within the Parkway area voted on the question of annexation to the City of Federal annexation; and ay and a majority of voters residing within the area voted in favor of WHEREAS, on November 7,2004 the King County Director of Elections certified the results of the Parkway annexation; and WHEREAS, the City Cou cil desires to establish an effective date of January 1, 2005 for the Parkway annexation. ORD # 04-480 , PAGE 2 as follows: Now, THEREFORE, the Ci Section 1. Findings. A. Council of the City of Federal Way, Washington, does hereby ordain The best interests and general welfare of the City of Federal Way and the annexing area would be served by the annexatio of certain contiguous unincorporated territory lying in the area east of existing City of Federal Way City limits, south of 369th St. S. and 19th Way S., west of the east boundary of "Parcel X" in the Regency Ri ge Condominium development and Enchanted Parkway and north of existing City of Milton City limits and Potential Annexation Area boundaries, legally described in Exhibit "A" and graphically depicted in E hibit "B" attached hereto and incorporated by reference as if fully set forth. B. Annexation of t e Parkway area would benefit the citizens of Federal Way by transferring permitting and land u e authority from King County to the City, thereby establishing a future land use pattern and transportatio network in the area more consistent with that of the entire City. area. c. D. City Departments are ready to begin providing services within the Parkway annexation The City, in conj ction with the County is developing a Memorandum of Understanding to address annexation operational ssues including permit processing and police transitional issues. E. The City has tak n and is in the process of taking the steps necessary to receive tax revenues generated within the P rkway area, including notification of State and County offices and completion of an annexation certi cate. F. although financial analysis of revenues and costs for the Parkway territory indicate a net annual deficit to the City of Feder 1 Way of approximately $11,000, the benefits of annexing the territory, which include compliance with th GMA, localized regulatory control and localized provision of services, outweigh the financial costs. Section 2. Zoning. All roperty located within the territory to be annexed shall, simultaneous ORD # 04-480 , PAGE 3 with the annexation, have impose the City of Federal Way Comprehensive Plan designations and zoning classifications, prepared under R W 35A.14.330, and depicted in the Potential Annexation Area Chapter of the Federal Way Comprehensi Plan, as adopted by ordinance number 04-460. The Parkway annexation shall be effective on January 1, 2005, subject to successful co pletion of a Memorandum of Understanding related to police and permitting operational issues prio to January 1,2005. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sent ce, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application ther of to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. y act consistent with the authority and prior to the effective date of this ordinance is hereby ratified a Section 6. Effective Dat . This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and pu lication, as provided by law. ORD # 04-480 , PAGE 4 PASSED by the City December ,2004. ~r> ouncil of the City of Federal Way this ApPROVED AS TO FORM: --v-zí...- ~¿-U£4'-' , Ci Attorney, Patricia A. Richard on FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: ORD # 04-480 , PAGE 5 12/7 /04 12/21/04 12/29/04 1/3/05 04-480 CITY OF FEDERAL WAY JJ @~ ¿7.A--- 1l1' i1- Ma~o . ean McColgan 21st day of CITY OF FEDERAL W Y PARKWAY ANNEXA TI N AREA LEGAL DESCRIPTION Those portions of the Sout est quarter of Section 28, the Northeast quarter of Section 32, the Northwest and the S uthwest quarter of Section 33, Township 21 North, Range 4 East, Willamette Meridian, ing County, Washington, more particularly described as follows: BEGINNING at the interse tion of the southwesterly margin of Enchanted Parkway (AKA SSH No. 5-D / Kit C mer Road South / SR 161) and the northwesterly margin of 19th Way South, said point eing described in City of Federal Way annexation Ordinance 98-311; THENCE Southwesterly al ng said Northwesterly margin to the Northerly margin of South 369th Street as descri ed in City of Federal Way annexation Ordinance 98-311 and as shown on the plat of"Re ency Woods Division 2" according to the plat thereof recorded in Volume 156 of lats, Pages 16 through 20, inclusive, Records of King County, Washington; THENCE Westerly along s id Northerly margin and the Westerly extension thereof to the Easterly margin ofSR 5 (AKA PSH No.1) as described in City of Federal Way annexation Ordinance 98-3 1 and also being the City Limits of Federal Way as defined by King County Code Ordi ance No. 8779; THENCE Southerly along id Easterly margin as defined by King County Code Ordinance No. 8779 to the i tersection of the North line of the South 30 feet of the Southeast quarter of the So thwest quarter of the Northeast quarter of said Section 32; THENCE Easterly along sa d North line to the Easterly margin of Milton Road South and the City Limits of Milton as described in City of Milton Ordinance No. 1241; THENCE continuing along aid North line and the North line of the South 30 feet ofthe Southwest quarter of the So theast quarter of the Northeast quarter of said Section 32, said line being the City Li 'ts of Milton, to the West line of the Southeast quarter of the Southeast quarter of the No heast quarter of said Section 32; THENCE along the North rne of the South 30 feet of the Southeast quarter of the Southeast quarter of the No heast quarter of said Section 32 to the East line of said Northeast quarter, said East line also being the West line of the Plat of "Regency Woods Division 1" according to th plat thereof recorded in Volume 154 of Plats, Pages 81 through 97, inclusive, Reco ds of King County, Washington; THENCE Southerly along s id West line of the Plat of "Regency Woods Division 1" to the Quarter comer common to Sections 32 and 33; EXHIBIT- 6 PAGE ~ OF.. 7- THENCE Southerly along t e West line of the Northwest quarter of the Southwest quarter of said Section 33, id line also being the West line of the Plat of "Regency Woods Division 1 ", to the outhwest comer of said Plat; THENCE Easterly along th South line ofthe Plat of "Regency Woods Division 1" to the Northwesterly margin of th Puget Sound Electric Company Interurban Railway Right of Way as shown on said Plat; THENCE Northeasterly, N rtherly, Easterly, and Southeasterly along said Puget Sound Electric Company Interurb Railway Right of Way to the Southerly comer of Parcel X of the Plat of "Regency Wo ds Division I", said comer also being the Southwest comer of Tract A of the Plat of" ngsgrove" according to the plat thereof recorded in Volume 118 of Plats, Pages 55 thro gh 61, inclusive, Records of King County, Washington; THENCE Northerly along t e West line ofthe Plat of "Kingsgrove" to the Northwest comer of said Plat; THENCE Easterly along th North line of the Plat of "Kingsgrove" to the Southwest comer of Tract G ofthe PIa of "Stone Creek" according to the plat thereof recorded in Volume 211 of Plats, Pages 93 through 98, inclusive, Records of King County, Washington; THENCE Northerly along t e West line of the Plat of "Stone Creek" to the Northwest comer of said Plat; THENCE Easterly along th North line of the Plat of "Stone Creek" to the East line of the Northwest Quarter of S ction 33; THENCE Northerly along t e East line of said Northwest Quarter to the Southwesterly margin of Enchanted Park ay (AKA SSH No. 5-D / Kit Corner Road South / SR 161); THENCE Northwesterly al ng said Southwesterly margin of Enchanted Parkway to the Point Of Beginning. Legal Description Prepared By: Earth Tech, Inc 720 South 333rd Street, uite 200 Federal Way, Washingt n 98003 253-838-6202 Timothy W. Wickham, P.L.S, 21601 EXHIBIT_- ~ PAGE '2-JF: 2 >. ~ ::> u ." u '" :ê .9 õ .?;o ë3 Q) t= ~ --' z 0 c: 0 "" ._,.'" "E Q) en Q) 5- ~ ~ :ë: 0. l'! C> '" en '" ~ ::> .E "0 Q) "0 c: .s .5 .!!! "I g- r E '~ t- City of Federal Way Parkway Annexation Map Date: December 2004 City of Federal Way, 33325 8th Ave S, Federal Way, WA 98003 (253) 835-7000 WNW.cityoffederalway.com i~ Scale: 0 250 6. 500 N I Feet A Federal Way Ilerike/cd/paa/SWParkway. m xd