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RES 20-783 - Accepting S 320 St Sixty Percent Annexation Petition RESOLUTION NO. 20-783 A RESOLUTION of the City of Federal Way,Washington accepting the "South 320th Street" 60 percent annexation petition to the City pursuant to RCW 35A.14.120; providing notice of intent to annex to the King County Boundary Review Board, assigning proposed zoning and comprehensive plan designations upon annexation; and requiring assumption of a proportionate share of City indebtedness. WHEREAS,Chapter 8 of the Federal Way Comprehensive Plan,last amended by Ordinance 15-796 in 2015,establishes planning goals,policies,and implementation strategies for the Potential Annexation Areas (PAAs); and WHEREAS, pursuant to RCW 35A.14.120, the City Council, on November 19, 2019, accepted a 10 percent petition for the "South 320th Street" proposed annexation area shown in Exhibit A,which action authorized the circulation of a 60 percent petition for annexation subject to conditions that the area be designated and zoned Community Business(BC)and further that the area assume its proportionate share of the City's indebtedness; and WHEREAS, pursuant to RCW 35A.14.120 the initiators of the "South 320th Street Annexation"have now obtained the signatures of property owners representing more than 60 percent of the current total assessed value of all parcels (Exhibit B) within the proposed annexation area legally described in Exhibit C; and WHEREAS, pursuant to RCW 35A.01.040 the King County Assessor's Office on January 15,2020,certified the 60 percent petition as sufficient,a copy of which is attached hereto as Exhibit D; and WHEREAS,the annexation area being contiguous with the existing City limits,lies within a portion of unincorporated King County, which has been established as the Federal Way Urban Resolution No. 20-783 Page 1 of 39 Growth Area; and WHEREAS, the annexation area as mapped in Exhibit A, lies within unincorporated King County and may generally be described as an area of approximately twenty-one(2 1)acres,bounded on the west by Interstate 5, on the north by a residential neighborhood, the east by the future 32nd Avenue South, and the south by South 320th Street; and WHEREAS, on March 17, 2020, a properly noticed public hearing was held pursuant to RCW 35A.14.130 and all persons who wished to provide testimony were heard. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section1. Notice of Intent. Subject to Sections 2 through 4 below, the Federal Way City Council authorizes staff pursuant to RCW 35A.14.120 and the requirements of the King County Boundary Review Board to submit a Notice of Intention to Annexation, attached hereto as Exhibit E, for the area legally described in attached Exhibit C and depicted in Exhibit A. Section 2, Indebtedness Assumed. The area legally described and depicted in attached Exhibits C and A respectively, shall be required to assume its proportionate share of the general indebtedness of the City of Federal Way at the time of the effective date of such annexation. ctioru 3. C aaici CasenW Zati�a Desin�tw�om� The area legally described and depicted in Exhibits C and A, if annexed, shall be designated in the City's Comprehensive Plan as Community Business (BC) and on the City's Official Zoning Map as Community Business (BC). S.ectioii 4. Notice. A certified copy of this resolution, together with a copy of the 60 percent petition and required Notice of Intention packet, shall be filed with the King County Resolution No. 20-78.3 Page 2 of 39 Boundary Review Board in accordance with its procedures. Sectio115. Severabifity. If any section,sentence,clause,or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Sectioii 6. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 7. Ratilicatim.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 8.Effective Date.This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 17th day of March, 2020. [signatures to follow] Resolution No. 20-783 Page 3 of'39 CITY OF FEDERAL WAY: T T -R C, MAYOR ATTEST: m S-w E'P IAN11.A COURTNE ", C C, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 03/11/2020 PASSED BY THE CITY COUNCIL: 03/17/2020 RESOLUTION NO.: 20-783 Resolution No. 20-783 Page 4 of 39 Exhibit AnnexationMap of Proposed Resolution No. 20-783 Page 5 cif 39 320t Street South, . Annexation N88'20'05"W m Lj A 30 E B 0921049139 ' uj uj C 0921049206 '° z D 0921049187 E 0921049140r l F 0921049160 G 0921049206 � i AREA TO 6E � ANNEXED , ) 0 ,�"• .,° �, " O r,• O N 00 0 % " C4 G �' R 1 200 ° HT20'4� E 844. 0° o PARCEL CLO ' o SOUTH 320TH STREET P.o•B• w�. JOB NUMBER 'SCALE. � For: HORIZONTAL I"=200 COBALT 20833 BAROHAUSE ENGINEERS, �`�c. FEDERAL WAY 083J .001.000 CONSULTING SHEET 16215 72ND AVENUE SOUTH AREA OF KENT W"h98032. �sz5.2�1.�zzz BARcrlAuSr:N.GOM ANNEXATION � . of. � ( °• .,�. � �i� _ u. 9�f Resolution No. 20-783 Page 6 of 39 Exhibit Signatures of Property Owners of Proposed Annexation Area and Property Valuation Resolution No. 20-783 Page 7 ref 39 MPARTMENTOF('0MML1N1T)'I)yvE1,oPr,1EN,r 31325 P A%rcnue South Federal Way WA 98003 CITY OF 253-835-7000 Fe,d e ra I Wa y NOTICE OF INTENTION TO PETITION FOR ANNEXATION To: HONMABLEMAYOR AND CITY COUNCIL OF THE CITY OFFEEkRAL WAY DRRAL WAY,WAS!IINGTON,98003 33325 8"AVENUF SOUM,FE The undersigned,who are a proportionate share of the existing city indebtedness and t1le owners of not less than sixty Percent(60%) in Value,nceording to the assessed valuation kir genomtaxation ol,Property for which annexafion is sj)tq!jjt, l)ckrcI,%v advises the City Council of the City of I'ederal 'Vay that it is the do Fire of the undersigUd residents oll oke ronowing.area to commence aimexallon pmecdings.. 0 The property referred to herein is outlined on the map marked Exhibit"A"and is described in Exhibit "B"attached hereto. The undersigned agree that this petition is signed by a proportionate share of existing city indebtedness as required in the November 19,2019 City Council Meeting, ChYCvurwdAd", fh's�j 01'sule Entry": MOTION�CjitApcilmembo,Koppang moved that the,City the M")ficc of Intention to potilion for Annexation fUd by thr,William V. IInjeti,Jr. and Patti A.prjaQtj 1'rtj,ej rar Sepico)hLT,2(i,,2019,with conditions to not reqUire adoption of oew plan and zoohig, dcsignatiuns and (J)m ffic area Lr)be amwxcd be reqtdred to asstmie as share cif existilig city indcbkedness, Councilmernber Moore secon&d tile motion.The mation carried 7-0, It is requested that the City Council of the City of Federal Way set a date for a public hearing with the Undersigned to determine: I. Whether the City Council will accept the proposed annexation Although there i,s,no time lin'Ot specified in tile allnexafir.-)n qjj�ojes as to aYjv,in a pc0tion needs to be filcdm,jfji the Couiled afier tt has begun circulating fut signalwes, the , a ij'sjgnc?j no later than six nwrit]-ts prior to the filing date,and any sigrialur0s Older I hall six amoths tlna requinA tee be stricken fi'coll OIL,petition by the City Clerk at 111c litne lie or slic cerlifiles the petition. This page is one 0i the 911)4ep of ptlgcs colitgiining idcnflc,jI tcxt tjl4tjf.,q i,u) and is'iauta tidc4al 11),tl)e signers t,flhis Notice of interilic.qj to be pr s,,,nied irid considered as one Nolice of k%i odiAo, and rmiy bv Ide i d widl Other P4,1es Containing additional qiyon piatures which cUMUldfiVely Inay be considered as;1 sirqglu No�ice of ItdINIo Resolution No. 20-783 Page 8 of'39 OWNER'S SIGNATURE PRINTED NAME ADDRESS&PARCEi, DATE SIGNED 1 31625 32ND AVE S 98003 �,mC _ 0921049028 2 .NO SITE, ADDRES',5 092104-9139 ... .......... �...._.... ti .e.. _w s.. _... 3 3001 S 320TH ST 98003 '.G 092104-9316 0 waj i7 4. 3014 S 320TH ST 98003 � 092104-9.187 5. NOSITPADDRESS . 092104-9140 6. RO SITEADDRORT t� °� 17 11' 092104-9160 7. � 3114 S 320`1`H ST 98003 C. 092104-9206 r as .. .,,_W ..... _�_......_ NOTESRBSIGNATURE II � DECLARATION w - LLAH NAND CONDITIONS SO DESCRIBED ABOVE,AS WELL A COPY OF BOTEXHIBITS ATTACHED HERETO WARNING: Every person who 6wgns this petition With any other than his or pjer true:narne,or who know➢ngr y signs' r�rlcmr than one of thews.,petitions, or signs a potition soc*,6nq an elp,: acu n whc n he or she is��n I a tog�oI voter, or signs a petition when he or she Is otherw sc, nat quaKerd to sign, or who nr.a"a es herein Arany fa@se staternent, shall be guilty of a misdemeanor. Resolution No. 20-783 Paa�Fe 9 of 39 RECORD OF ACTION TAKEN WITHOUT MEETING BY THE DIRECTORS OF PAPE PROPERTIES,INC. The following action is taken by the Directors without a meeting but upon the unanimous written consent of the Directors as shown below: RESOLVED,that the Directors of Pap6 Properties,Inc,approve the purchase of the following properties located in Federal Way,WA from the following sellers: Seller's Narne1 Address Parcel Riad OrouLLC . _ Way _ ..u__.._ .,.. .. p L LC 3001 S 12001 Street, F�ierai 921049139 y WA 98003 �._ _ _ _��._ Raad t stoup,LLC _ .....w 3010 S. 320th Streei, Federal 92106 Squaw l�Peak 1?roe ties, LLC y 014 S. 3284tb 3Street, Federal_e 921049187 Wav WA 98003' en 112 S. 320th Street m it Trust 3 , Federal 921049140 eraon � y. .. a.. . �....,._... .. .... Judy James WA 98003 3114 S. 320th Street, 'Federal 921049206 1 w ... r" A 98003 Birkirttndc p Singh, Balbir Birk, Sukhraj 3126 S. 320th Street, Federal 921049160 ffider Will.fam Pruett and Patti Pruett 31625 32nd Ave S.,Auburn WA 921049028 .,.. 0 98001 for a total aggregate purchase price of not more than$7,700,000 in each case pursuant to a Real Estate Purchase and Sale Agreement,a copy of each of which is attached as Exhibits A through G hereto;and FURTHER RESOLVED,that each of Lance Jorgensen,Seth Smythe and Randall Jordan Pape is hereby authorized to sign all documents required to complete this transaction. EFFECTIVE DATE: December 3,2019 APPROVED: nary`°«ti's tRandall Jordan Pape �tk i Smythe Jr Resolution No. 2 0-783 Page 10 gl'39 j&14 TION f L N r A 092104902' ID+3:k w B 0921049139 C 0921049316 w D 0921049187 ^`� z E 0921049140 ��1,.a 'P � F 0921049160 G 0921049206 ys AREA 0 TO BE " 14 ANNEXED � 2 IRLD a cn o a P 00 1'-200' 0 PARCEL C o SOUTH 320TH STREET �i Po0,1 �5. e. 16 . 1u. SCALE. For: JOB NUMBER HORIZONTAL 1"=200` COBALT 20833 BARGHAUSEN FEDERAL WAY 20833L.00 1.DOG CONSULTING ENGINEERS, INC. Title; SHEET 18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032 .I 425.251.6222 BARGHAUSEN.CDM ANNEXATION Resolution No. 20-783 Page 11 of 39 S. 320th Street Annexation (Federal Way) Parce6 Number Acme Valuation %of Total Valuation 0 92"1(J4 W 4 0 2 2? 002104 9206 03.4 $ 146,700,00 3% 092104-9160 1,96 $ 966,700,00, 1911% 09211W9028 &26 $ 805,000M 16% 092104.9139 9.15 $11,016,500 00 20% 092104M16 036 $ 154JO000 3% 092,104,9167 241 $1,077,600 00 v Ti 7 6 ,05 1 0011In Resolution No. 20-78.3 Page 12 c?f 39 Exhibit C Legal Description of Property Resolution No. 2Q-783 Page 13 of 39 LEGAL DESCRIPTION AREA TO BE ANNEXED THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, KING COUNTY,STATE OF WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST MARGIN OF 32ND AVENUE SOUTH AND THE NORTH MARGIN OF SOUTH 320TH STREET; THENCE ALONG SAID EAST MARGIN, NORTH 02°08'28" EAST, 1,196.43 FEET TO THE CENTERLINE OF SOUTH 316TH STREET; THENCE FOLLOWING SAID CENTERLINE, NORTH 88°20'05"WEST,30.00 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE CONTINUING NORTH 88°20'05"WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER,686.94 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO.5; THENCE THE NEXT 2 COURSES ALONG SAID EAST MARGIN, SOUTH 16°42'28"WEST,528.49 FEET; THENCE SOUTH 14°33'46" EAST,714.61 FEET TO THE NORTH MARGIN OF SAID SOUTH 320TH STREET; THENCE ALONG SAID NORTH MARGIN,SOUTH 88°20'47"EAST,644.46 FEET TO THE TRUE POINT OF BEGINNING. may, � � z "1/10/ , Project Name: Cobalt Federal Way September 10, 2019 Revised January 8, 2020 BDG/JSE 20833L.001.doc Resolzrtion No. 2/1-783 Page 14 of 39 Exhibit D Assessor's Certification Resolution No. 20-783 PcWe 15 qf'39 LIM King County Department of Assessments Accounting Division John Wilson 500 Fourth Avenue,ADM-AS-0725 ASS8SS01" Seattle,WA 98104-2384 (206)263-2381 FAX(206)296-0106 );mail;assessor.info©ldngcounty.gov I %,% ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted December 26, 2019 to the King County Department of Assessments by David Toyer, President Toyer Strategic Advisors, Inc., supporting the annexation to the City of Federal Way of the properties described as the 320th Street Annexation, has been examined, the property taxpayers, tax parcel numbers, and assessed values of each property listed thereon carefully compared with the King County l tax roll records, and as a result of such examination,found to be sufficient under the provisions of the Revised Code of Washington, Section 35A.01.040, The Department of Assessments has not verified that the signatures on the petition are valid through comparison with any record of actual signatures, nor that the signatures were obtained or submitted in an appropriate time- frame and this document does not certify such to be the case. Dated this 15th day of January, 2020 a John Wilsonin "'County Assessor Resolution No. 20-783 Page 16 ref 39 BRIEF DESCRIPTION & PURPOSE A Direct Petition Method Annexation in accordance with RCW 35A.14.120 has been initiated by petitioners seeking to annex into the City of Federal Way. The proposed annexation is within the Federal Way North Potential Annexation Area. Federal Way received the initiator's 60 percent petition on December 19, 2019, and a certification of sufficiency in accordance with RCW 35A.01.040(4) was received on January 15, 2020, from the King County Department of Assessments. The City of Federal Way has approved Resolution 20-_on March 17, 2020, accepting the initiators 60 percent petition for annexation of approximately 21 acres known as the "S. 320tH Street Annexation." In accepting the 10 percent petition and authorizing circulation of the 60 percent petition at its November 10, 2019, regular meeting, the Federal Way City Council required that upon annexation, the proposed annexation area will assume its proportionate share of the City's indebtedness, be assigned a land use designation of Community Business (BC), and zoned Community Business (BC). The land use designation and zoning will be consistent with Chapter 8: Potential Annexation Areas (PAA) of the City's 2015-2035 Federal Way Comprehensive Plan. Exhibits to This Section of the Notice of Intention Exhibit 1 Signed and Certified copy of the action accepting the proposal as passed (Certified Minutes of the March 17, 2020„ City Council public hearing) Exhibit 2 A copy of the certification as required by RCW 35A.01.040(4) (Annexation Petition Certification) Exhibit 3 The legal description of the boundaries of the area involved Exhibit 4 King County Assessor Maps Exhibit 5 Vicinity Map(s) Exhibit 6 Map of Existing Corporate Limits of Federal Way This annexation is exempt from SEPA. Notice of Intention; Kin Boundary Review Boa Cit File19 104643PAx/ Doc ID _ _..—Not 9 County a rd 9 S. 320th Street Annexation Y Resolution No. 20-783 Prage 17(?1'39 A. OVERVIEW 1. Population of Proposal: what percentage is that to the existing entity? There are three single-family homes and a duplex locate on the seven parcels. Based on the April 1, 2019, Office of Financial Management(OFM) estimates, single-family homes have an occupancy rate of three people per unit, and duplexes have an occupancy rate of 2.4 people per unit. It is therefore estimated,that approximately 11 people reside on the proposed annexation area. Based on the U.S. Census July 1, 2019,population estimates, King County has a population of 2,233,163;therefore, approximately 0.00049 percent of the King County population live in the proposed annexation area. 2. Number of Acres: 21.44 acres 3. Population Density: Approximately 0.46 people per acre. 4. Assessed Valuation: The 2019 evaluation totaled $5,181,300 for the seven parcels. B. LAND USE 1,. Existing Land Use Designation (County)/Existing Land Use: Community Business Center(CB), Commercial Outside of Centers (CO), and Urban Residential Medium (UM). Existing land uses are single-family, duplex, and vacant. 2. Proposed Land Use Designation (City)/Proposed Land Use: Community Business(BC). Once annexed to the City,the proposed use will be a facility to sell and service Kenworth trucks by the Pape Group. C. STATE GROWTH MANAGEMENT ACT 1. Is the proposed action in conformance with the Growth Management Act (GRIM)? What specific policies apply to this proposal? This annexation proposal is consistent with the Growth Management Act(GMA), including: RCW 36.70A.020: (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist, or can be provided in an efficient manner. This proposal encourages development(economic development) in urban areas where adequate public facilities and services exist, and/or can be provided in an efficient manner. Further, it ensures that this development will take place within a city, which is the preferred provider of urban levels of service per RCW 36.70A.110(7). (2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development. S. 3201h o Intention- nt Street ne King Count Boundary Board - - City File 19-104643Pag/Doc 11 County ry Review �n Resolution No. 20-783 Page 18 U1'39 This proposal will facilitate the development of land within a designated urban growth area (UGA), which relieves pressures for the conversion of undeveloped lands outside urban growth boundaries—an action which produces sprawling, low density development. (3) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state(especially for unemployed and for disadvantaged persons), promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. This proposal will support economic development within an UGA at a location that is central to a major transportation corridor (Interstate S), as well as central to major population centers in King County. (4) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. The annexation process by design encourages citizen participation as citizens (more specifically landowners) are most often responsible for the initiation of annexations. This annexation was initiated by the owners of not less than 10 percent of the value of the land to be annexed area, and the 60 percent petition has been filed by the entity now owning 100 percent of the proposed annexation.area. Further, the annexation process requires a public hearing by the City Council, which requires a public notice in the Federal Way Mirror, the local newspaper,public notice boards to be installed on the site, and public notice sent to all property owners within 300 feet of the site. ✓ RCW 36.70.110—Comprehensive Plans-Urban Growth Areas, which states: (1) In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas, except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment, and when such services are financially supportable at rural densities and do not permit urban development. The proposed annexation would ensure that urban levels of development would be located within the City of Federal Way, which consistent with the GMA is the most appropriate governmental subdivision to review and permit urban levels of development, as well as provide the on-going urban levels of service. (2) An urban growth area designated in accordance with this section may include within its boundaries urban service areas or potential annexation areas designated for specific cities or towns within the county. Notice o Int ettioAnnexationKing County Boundary Review Board City File 19-104643-AX^^� Pa ge3 of11 .. 1 S. 320 I Doc ID Resohition No. 20-783 Page 19 of'39 The proposed annexation area is within King County's "Federal Way North"Potential Annexation Area, which has been designated as the "Camelot (North East)"sub-area within Chapter 8, "Potential Annexation Areas"of the Federal Way Comprehensive Plan. 2, King County Comprehensive Plan/Ordinances a. How does County planning under the Growth Management Act (GMA) relate to this proposal? The GMA envisions cities as the most capable of providing urban services to support urban development in urban growth areas. King County has a long-standing policy of advocating for annexations of unincorporated urban areas. This proposal is consistent with Action 17 from the current King County Comprehensive Plan,which supports planning and other measures to "move remaining unincorporated urban potential annexation areas toward annexation. " b. What King County Comprehensive Plan policies specifically support this proposal? RP-203: King County shall continue to support the reduction of sprawl by focusing growth and future development in the Urban Growth Area, consistent with adopted growth targets. U-106: Most population and employment growth should locate in the contiguous Urban Growth Area in western King County, especially in cities and their Potential Annexation Areas. Cities in the Rural Area should accommodate growth in accordance with adopted growth targets. U-201: In order to meet the Growth Management Act and the regionally adopted Countywide Planning Policies goal of becoming a regional service provider for all county residents and a local service provider in the Rural Area and Natural Resource Lands,King County shall encourage annexation of the remaining urban unincorporated area.The county may also act as a contract service provider where mutually beneficial. U-202: To help create an environment that is supportive of annexations,King County shall work with cities and with neighborhood groups, local business organizations, public service providers and other stakeholders on annexation-related activities to move the remaining urban islands towards annexation by the city most appropriate to serve it. King County will also seek changes at the state level that would facilitate annexation of urban unincorporated areas. U-204: King County shall support annexation proposals that are consistent with the Countywide Planning Policies and the Washington State Growth Management Act, when the area proposed for annexation is wholly within the annexing city's officially adopted PAA, and when the area is not part of a contested area. c. What King County/Countywide Planning Policies specifically support this proposal? DP-4: Concentrate housing and employment growth within the designated Urban Growth Area. Focus housing growth within countywide designated Urban Centers and locally designated local centers, Focus employment growth within countywide designated Urban and Manufacturing/Industrial Centers and within locally designated local centers. Notice Street Anne .. __.. — ... Cit File 19-104643-AX/Doc L..._ i e�of Intention; King County Boundary Review Board Page 4 of 11 3 Annexation Y D Resolution No. 20-783 Page 20 of'39 DP-13: All jurisdictions shall plan to accommodate housing and employment targets. This includes: • Adopting comprehensive plans and zoning regulations that provide capacity for residential,commercial, and industrial uses that is sufficient to meet 20-year growth needs and is consistent with the desired growth pattern described in VISION 2040; • Coordinating water, sewer,transportation and other infrastructure plans and investments among agencies, including special purpose districts; and • Transferring and accommodating unincorporated area housing and employment targets as annexations occur. DP-23: Facilitate the annexation of unincorporated areas within the Urban Growth Area that are already urbanized and are within a city's Potential Annexation Area in order to provide urban services to those areas. Annexation is preferred over incorporation. DP-24: Allow cities to annex territory only within their designated Potential Annexation Area as shown in the Potential Annexation Areas Map in Appendix 2. Phase annexations to coincide with the ability of cities to coordinate the provision of a full range of urban services to areas to be annexed. DP-27: Evaluate proposals to annex or incorporate unincorporated land based on the following criteria: a) Conformance with Countywide Planning Policies, including the Urban Growth Area boundary; b) The ability of the annexing or incorporating jurisdiction to provide urban services at standards equal to or better than the current service providers; and c) Annexation or incorporation in a manner that will avoid creating unincorporated islands of development. DP-28: Resolve the issue of unincorporated road islands within or between cities. Roadways and shared streets within or between cities, but still under King County jurisdiction, should be annexed by adjacent cities. d. What is the adopted plan classification/zoning? The proposed annexation area currently has the following comprehensive plan classifications: Community Business Center(CB); Commercial Outside Centers (CO); and Urban Residential Medium, 4-12 dwelling units per acre (du/ac [UM]). The proposed annexation area currently has the following zoning: Community Business(CB); Community Business-Parcel Specific (CB-P); Office-Parcel Specific(O-P); and Residential,four du/ac (.R-4). e, Will city regulations supplant King County regulations for the protection of sensitive areas, preservation of agricultural or other resource lands,preservation of landmarks of landmark � � Cit File 19-104643-AX I Doc 1 S. 320"'Street King County Boundary Review Board Notice of Intention; Page 5 of 11 Annexation y ID Resolution No. 20-783 Page 21 oj'39 districts, or surface water control? Ifso, describe the city regulations and how they compare to the County regulations. Upon annexation,the City's regulations will replace the County's regulations for the protection of sensitive areas, preservation of landmarks, and surface water control. The City does not have any regulations for the preservation of agriculture and other resource lands, which would not be applicable as this area is not(nor adjacent to)agricultural or resource designated land. Critical Areas Federal Way has adopted regulations for environmentally critical areas in Chapter 19.145 of the FWRC, and complies with the requirement to adopt critical areas(environmentally sensitive areas)regulations (RCW 36.70A.060). The City's regulations address critical areas, including wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. Surface Water In accordance with FWRC 16.20.010,the City of Federal Way has adopted the 2016 King County Surface Water Design Manual(KCSWDM),the King County Stormwater Pollution Prevention Manual, and the latest edition of the LID Technical Guidance Manual for Puget Sound. Landmarks Although there are no landmarks within the area proposed for annexation that would require protection or preservation,FWRC 19.285.020 adopts by reference the standards in KCC Chapter 20.62 for the protection and preservation of landmarks. D. JURISDICTIONAL COMPREHENSIVE PLAN/FRANCHISE 1. How does the jurisdiction's planning under the GMA relate to this proposal? The GMA envisions cities as the most capable providers of urban levels of service for urban areas. Consistent with the GMA,the King County/Countywide Planning Policies, the King County Comprehensive Plan, and the City of Federal Way Comprehensive Plan,the City has planned appropriately for the future annexation of its Potential Annexation Areas(PAAs).This annexation proposal is located within the Camelot Sub-area and has already been given a pre- annexation comprehensive plan and zoning designation of Community Business(BC), which will be retained upon annexation. 2. Has the jurisdiction adopted a Potential Annexation Area (PAA) under the Growth Management Act? Have you negotiated PAA Agreements with neighboring cities? Yes, the City of Federal Way has adopted a Potential Annexation Area as shown in Chapter 8 "Potential Annexation Areas," of its comprehensive plan. The City has not negotiated PAA Agreements with neighboring cities. 3. When was your Comprehensive Plan approved?Does this plan meet requirements set by the State of Washington?Does this plan meet requirements set by King County? The Federal Way Comprehensive Plan (FWCP)was adopted on November 21, 1995, and subsequently amended on December 23, 1998, September 14, 2000,November 1, 2001, March I...... .............. ._., - .. _ ...-------- Notice of onKing C �..._ ..._ .. . _...__. _..... _... .w. ... ..._. .._.m , ounty Boundary Review Board Page 6 of 11 S. 3201'Street Annexation City File 19-104643-AX/Doc ID Resolution No. 20-783 Page 22 Uf'39 27, 2003, July 20, 2004, June 16, 2005,July 16, 2007, June 11, 2009, October 28, 2010,January 27, 2011, January 23, 2013,August 14, 2013, July 29, 2015, and January 26, 2018. The FWCP meets the requirements set by the State of Washington,the requirements set by King County and the Countywide Planning Policies, and the Puget Sound Regional Council (PSRC). Based on state law, the major updates to the comprehensive plan must be done every eight years and must be certified by the Department of Commerce. The last major update completed in July 2015 was certified by the state on November 19, 2015. In addition,the PSRC certified the updated plan on September 24, 2015. The yearly updates are sent to the Department of Commerce for a 60-day comment period before approval of the updates by the City Council, and the final plan is sent to Commerce within 10 days of Council approval. 4. Is this proposal consistent with and specifically permitted in the jurisdiction's adopted Comprehensive Plan, or will a plan amendment be required?If so, when will that amendment be completed? The proposed annexation is consistent with the FWCP, including the land use designation of Community Business(BC)and zoning of Community Business (BC).No amendments to the City's comprehensive plan are required to complete this annexation. 5. Is a franchise required to provide service to this area?If so, is the area included within your current franchise? The proposed annexation area is located within the Lakehaven Water& Sewer Service Area, within the South King Fire&Rescue Service area, and within the boundaries of the Federal Way School District. Therefore, no franchises are required to provide service to the area, once annexed. 6. Has this area been the subject of an Interlocal Agreement?If so,please enclose a signed copy of the agreement. No, this area has not been the subject of a pre-Annexation Zoning Agreement. 7. What is the proposed land use designation in your adopted Comprehensive Plan? When were your proposed zoning regulations adopted? The proposed land use designation and zoning in the City's comprehensive plan and on the Zoning Map is Community Business(BC). These designations were adopted by Ordinance 04- 460 on July 29, 2004. E. REVENUES/EXPENDITURES PLANNING DATA 1. Estimate City expenditures 2. Estimate City revenues to be gained 3. Estimate County revenues lost 4. Estimate County expenditure reduction There will be no City expenditures associated with the annexation. The City can provide police services without additional cost. The County will lose$9,724 in property taxes and the City will gain $5,044. Notice of Intention; King County Boundary Review Board- ---�� �Page 7 of 11 S. 3201h Street Annexation City File 19-104643-AX/Doc ID Resolution No. 20-783 Page 23«1`39 5. Estimate fire district revenue lost None anticipated as area is already within the service area for South King Fire &Rescue. 6, Estimate fire district expenditure reduction None anticipated as the area is already within the service area for South King Fire&Rescue. F. SERVICES 1. Water—Lakehaven Water&Sewer District, no change 2. Sewer—Lakehaven Water& Sewer District, no change 3. Fire Service—South King Fire &Rescue,no change G. GENERAL 1. In the case of extensions of services, has an annexation agreement been required?If so,please attach a copy of the recorded copy of this agreement. Correspondence from the Lakehaven Water& Sewer District states that future site development will require extension of water and sewer system facilities (including extend-to-far edge for sewer), under Lakehaven's Developer Extension Agreement process (Exhibit G). 2. Describe the topography and natural boundaries of the proposal. The site's existing topography is highest in the southeastern portion of the annexation area, with approximate elevations of 480 feet sloping to 420 feet in the northwestern portion of the annexation area. The elevation change at the northern edge of the proposed boundary partially serves as a natural delineation between parcels. The property proposed for annexation is located north and adjacent to 320`x' Street, west and adjacent to 32nd Avenue South, east of I-5, and south of 310" Street(Exhibits B and C). 3. How much growth has been projected for this area during the next ten-year period? What source is the basis for this projection? Federal Way's five potential annexation areas (PAAs)total approximately 3,650 acres, and the growth targets adopted in Technical Appendix D to the 2016 King County Comprehensive Plan established growth targets for Federal Way's PAAs consisting of 2,390 net new housing units and 290 net new jobs. This proposed annexation area accounts for 0.58 percent of the total PAA area for Federal Way. The area is almost entirely zoned by King County as Community Business Center(CB) and Commercial Outside of Centers (CO),which would both be expected to accommodate tlati nounty Boundary Page 8 of 11 S. 3201h Street A nexReview Board City File 19-104643-AX/Doc ID Resolution No. 20-783 Page 24 Uf'39 employment. Comparably, the City's proposed comprehensive plan designation and zoning of Community Business(BC)would also be expected to accommodate employment. Looking at King County's 2014 Buildable Lands Report, employment densities in commercially designated areas for Federal Way are analyzed based on 250 square feet per employee, while in unincorporated King County the same are analyzed based on 350 square feet per employee. Annexation into the City of Federal Way should have no impact on the area's likelihood of achieving its employment growth target. 4. Describe any other municipal or community services relevant to this proposal. There are no others applicable services. 5. Describe briefly any delay in implementing service delivery to the area. The area surrounding the proposed annexation area is already developed with all services available; therefore, no delay in service delivery is expected. 6. Briefly state your evaluation of the present adequacy, cost, or rates ofservice to the area and how you see future needs and costs increasing. Is there any other alternative source available for such service(s)? The only change in service expected is the shift in service from the King County Sheriff to the Federal Way Police Department. The City's Finance Department has stated that there will be no additional cost for police services(Exhibit F). REVIEW OF OBJECTIVES (RCW 36.93.180) 1. Preservation of natural neighborhoods and communities. The proposed annexation area does not include any existing, established neighborhoods as this area is predominantly developed with large lot single-family-homes. 2. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours. + The proposed annexation has physical boundaries as follows: The western boundary follows I-5 and the existing City limits. + The northern boundary was drawn between existing parcels in recognition of the change in elevation between the parcels, as well as a desire to"square" off the boundary at the intersection of 32nd Avenue South and South 316"' Street. + The eastern boundary follows the eastern boundary of the right-of-way for 32nd Avenue South until it intersects with the existing City limits. The southern boundary abuts existing City limits along South 320"' Street. Ih Kin Count Boundary Review Board Cit File 19-104643Pag/9 o S. 320 Street Annexation y c ID Resolution No. 20-783 Page 25 0/`39 3. Creation and preservalion of logical service areas. • The proposed annexation does not impact the service territories of any districts/special districts (e.g. fire district, school district, sewer district,water service, etc.) in the area. • The future extension of 32nd Avenue South within the annexation area would be fully within the City limits. 4. Prevention of abnormally irregular boundaries. The proposed annexation area does not create any abnormally irregular boundaries. It is consistent with other boundaries in the area and does not impact present service boundaries.The parcels proposed for annexation are currently served by way of 32❑d Avenue South, which dead ends at South 316"' Street.An extension of 32nd Avenue South would be anticipated in the future. 5. Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities in excess of ten thousand population in heavily populated urban areas. Not applicable. 6. Dissolution of inactive special purpose districts. • Not applicable. 7. Adjustment of impractical boundaries. s Not applicable. 8. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character. The proposed annexation area is designated and zoned for urban levels of development in accordance with King County's comprehensive plan and zoning. The proposed annexation area is also designated for urban levels of development in accordance with the City's Potential Annexations Areas Chapter, as well as the land use designation and zoning to be concurrently applied with the adoption of this annexation. Regardless of jurisdiction (County or City),this area is anticipated to develop at urban levels, especially given its proximity to Interstate 5. 9. Protection of agricultural and rural lands which are designated for longterm productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. • Not applicable. REVIEW OF FACTORS (RCW 36.93.170) 1. Population and territofy;population density; land area and land uses; comprehensive plans and zoning, as adopted under chapter 35.63, 35A.63, or 36.70 RCW,- comprehensive plans and development regulations adopted under chapter 36.70A RCUi- applicable service agreements entered into under chapter 36.115 or 39.34 RCW,- applicable interlocal annexation agreements between a ' ....—.... _ ......—........ ._...._—-- __ Notice of Intention; King County Boundary Review Board Page 10 of 11 S. 320"' Street Annexation City File 19-104643-AX/Doc ID Resolution No. 20-783 Page 26�f`39 county and its cities;per capita assessed valuation; topography, natural boundaries and drainage basins,proximity to other populated areas; the existence and preservation ofprime agricultural soils and productive agricultural uses; 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. The area proposed for annexation: Is consistent with the City of Federal Way's Comprehensive Plan and Potential Annexation Area land use designation and zoning. Is consistent with King County's Potential Annexation Area policies desiring city annexations of these areas. • Would simultaneously annex the entire road segment(and future road segment)for 32"d Avenue South between South 3161" Street and South 320`h Street. Has boundaries that are logically formed based on adjacent road segments and topography. • Has relatively little existing population. 0 Is designated by both the City and County for future commercial/business development. Would have no impact on agricultural soils or uses. 2. Municipal services; need for municipal services; effect of ordinances, governmental codes, regulations and resolutions on existing uses;present cost and adequacy ofgovernmental services and controls in 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; and The proposed annexation does not significantly impact any service boundaries for utility providers and development of the site(whether annexed or not)would be commercial development with similar uses and service delivery needs. The only switch in service delivery would be from the King County Sheriff Department to the City of Federal Way Police Department. As noted above,the City's Finance Department has stated that there will be no additional cost for police services(Exhibit F). 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. The proposed annexation would have minimal impacts on the County. The area is within Federal Way's Potential Annexation Area(PAA), an uncontested PAA. Notice of Intention; King County Boundary Review Board g Page 11 of 11 S. 3201h Street Annexation City File 19-104643-AX/Doc ID Resolution No. 20-783 Page 27(?1'3 9 Exhibit E Notice of Intention Resolution No. 20-783 Page 28 01'39 r BRIEF DESCRIPTION & PURPOSE A Direct Petition Method Annexation in accordance with RCW 35A.14.120 has been initiated by petitioners seeking to annex into the City of Federal Way. The proposed annexation is within the Federal Way North Potential Annexation Area. Federal Way received the initiator's 60 percent petition on December 19, 2019, and a certification of sufficiency in accordance with RCW 35A.01.040(4) was received on January 15, 2020, from the King County Department of Assessments. The City of Federal Way has approved Resolution 20-783 on March 17, 2020, accepting the initiators 60 percent petition for annexation of approximately 21 acres known as the "S. 3201h Street Annexation." In accepting the 10 percent petition and authorizing circulation of the 60 percent petition at its November 19, 2019, regular meeting, the Federal Way City Council required that upon annexation, the proposed annexation area will assume its proportionate share of the City's indebtedness, be assigned a land use designation of Community Business (BC), and zoned Community Business (BC). The land use designation and zoning will be consistent with Chapter 8: Potential Annexation Areas (PAA) of the City's 2015-2035 Federal Way Comprehensive Plan. Exhibits to This Section of the Notice of Intention Exhibit 1 Signed and Certified copy of the action accepting the proposal as passed (Certified Minutes of the March 17, 2020, City Council public hearing) Exhibit 2 A copy of the certification as required by RCW 35A.01.040(4) (Annexation Petition Certification) Exhibit 3 ' The legal description of the boundaries of the area involved Exhibit 4 King County Assessor Maps Exhibit 5 Vicinity Map(s) Exhibit 6 Map of Existing Corporate Limits of Federal Way This annexation is exempt from SEPA. Notice et tice o IIntention; ne King County Boundary Review Board City Filee 1 of 1 /Doc S Resolution No. 20-783 Page 29 of 39 A. OVERVIEW 1. Population of Proposal: what percentage is that to the existing entity? There are three single-family homes and a duplex locate on the seven parcels. Based on the April 1, 2019, Office of Financial Management(OF ) estimates, single-family homes have an occupancy rate of three people per unit, and duplexes have an occupancy rate of 2.4 people per unit. It is therefore estimated, that approximately 11 people reside on the proposed annexation area. Based on the U.S. Census July 1,2019,population estimates,King County has a population of 2,233,163; therefore, approximately 0.00049 percent of the King County population live in the proposed annexation area. 2. Number ofAcres: 21.44 acres 3. Population Density: Approximately 0.46 people per acre. 4. Assessed Valuation:The 2019 evaluation totaled$5,181,300 for the seven parcels. B. LAND USE 1. Existing Land Use Designation (County)/Existing Land Use: Community Business Center(CB). Commercial Outside of Centers (CO), and Urban Residential Medium (UM). Existing land uses are single-family, duplex, and vacant. 2. Proposed Land Use Designation (City)/Proposed Land Use: Community Business (BC). Once annexed to the City,the proposed use will be a facility to sell and service Kenworth trucks by the Pape Group. C. STATE GROWTH MANAGEMENT ACT 1. Js the proposed action in conformance with the Growth Management Act (GMA)? What specific policies apply to this proposal? This annexation proposal is consistent with the Growth Management Act(GMA), including: ✓ RCW 36.70A.020: (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist, or can be provided in an efficient manner. This proposal encourages development (economic development) in urban tireas where adequate public facilities and services exist, and/or can be provided in an efficient manner. Further, it ensures that this development will take place within a city, which is the preftrred provider of urban levels of service per RCW36.70A.11 0(7). (2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development. Notice of Intention; King County Boundary Review Board Page 2 of 11 S. 320th Street Annexation City File 19-104643-AX/Doc ID Resolution No. 20-783 Page 30 of 39 This proposal will facilitate the development Qf'lUnd within a designated urban growth area (UGA), which relieves pressures fear-the conversion ol'undeveloped lands outside urban growth boundaries---an action which produces sprawling, low density development. (3) Economic development, Encourage economic development throughout the state that is consistent with adopted comprehensive plans,promote economic opportunity for all citizens of this state(especially for unemployed and for disadvantaged persons), promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities,and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources,public services, and public facilities. This proposal will support economic development within an UGA at a location that is central to a major transportation corridor(Interstate 5), as well as central to major population centers in King County. (4) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. The annexation process by design encourages citizen participation as citizens (more specifically landowners) are most often responsible for the initiation of annexations. This annexation was initiated by the owners of not less than 10 percent of the value of the land to be annexed area, and the 60 percent petition has been filed by the entity now owning 100 percent of the proposed annexation area. Further, the annexation process requires a public hearing by the City Council, which requires a public notice in the Federal Way Mirror, the local newspaper,public notice boards to be installed on the site, and public notice sent to allpropertyowners within 300 feet of the site. ✓ RCW 36.70.110—Comprehensive Plans-Urban Growth Areas,which states: (1) In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas, except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment, and when such services are financially supportable at rural densities and do not pe it urban development. The proposed annexation would ensure that urban levels of development Would be located within the City of Federal Way, which consistent with the CYAI[A is the most appropriate governmental subdivision to review and permit urban levels of development, as well as provide the on-going urban levels qf'service. (2) An urban growth area designated in accordance with this section may include within its boundaries urban service areas or potential annexation areas designated for specific cities or towns within the county. Notice of Intention; King County Boundary Review Board Page 3 of 11 S. 320tl Street Annexation City File 19-104643-AX/Doc ID Resolution No. 20-783 Page 31 qf'39 The proposed annexation area is within King County's "Federal TVay North"Potential Annexation Area, which has been designated as the "Canzelot (North East)"sub-area within Chapter 8, "Potential Annexation Areas"qf'the Federal Way Comprehensive Plan. 2. King County Comprehensive PlanlOrdinances a. How does County planning under the Growth Management Act(GMA) relate to this proposal? The GMA envisions cities as the most capable of providing urban services to support urban development in urban growth areas. King County has a long-standing policy of advocating for annexations of unincorporated urban areas. This proposal is consistent with Action 17 from the current King County Comprehensive Plan,which supports planning and other measures to .Iniove remaining unincorporated urban potential annexation areas toward annexation. b. What King County Comprehensive Plan policies specifically support this proposal? RP-203: King County shall continue to support the reduction of sprawl by focusing growth and future development in the Urban Growth Area, consistent with adopted growth targets. U-106: Most population and employment growth should locate in the contiguous Urban Growth Area in western King County, especially In cities and their Potential Annexation Areas. Cities in the Rural Area should accommodate growth in accordance with adopted growth targets. U-201: In order to meet the Growth Management Act and the regionally adopted Countywide Planning Policies goal of becoming a regional service provider for all count),residents and a local service provider in the Rural Area and Natural Resource Lands, King County shall encourage annexation of the remaining urban unincorporated area.The county may also act as a contract service provider where mutually beneficial. U-202: To help create an environment that is supportive of annexations, King County shall work with cities and with neighborhood groups, local business organizations,public service providers and other stakeholders on annexation-related activities to move the remaining urban islands towards annexation by the city most appropriate to serve it. King County will also seek changes at the state level that would facilitate annexation of urban unincorporated areas. U-204: King County shall support annexation proposals that are consistent with the Countywide Planning Policies and the Washington State Growth Management Act, when the area proposed for annexation is wholly within the annexing city's officially adopted PAA, and when the area is not part of a contested area. c. What King County/Countywide Planning Policies specifically support this proposal? DP-4: Concentrate housing and employment growth within the designated Urban Growth Area. Focus housing growth within countywide designated Urban Centers and locally designated local centers. Focus employment growth within countywide designated Urban and Manufacturing/hidustnial Centers and within locally designated local centers. .B.................. ........... ..............­,"',...... ..... ._­­­­,­­__.. .................. Notice of Intention; King County oundary Review Board Page 4 of 11 S. 3201.h Street Annexation City File 19-104643-AX/Doc ID Resolution No. 20-783 Page 32 of 39 DP-13: All jurisdictions shall plan to accommodate housing and employment targets.This includes: ' • Adopting comprehensive plans and zoning regulations that provide capacity for residential, commercial, and industrial uses that is sufficient to meet 20-year growth needs and is consistent with the desired growth pattern described in VISION 2040; • Coordinating water, sewer,transportation and other infrastructure plans and investments among agencies, including special purpose districts; and • Transferring and accommodating unincorporated area housing and employment targets as annexations occur. DP-23: Facilitate the annexation of unincorporated areas within the Urban Growth Area that are already urbanized and are within a city's Potential Annexation Area in order to provide urban services to those areas. Annexation is preferred over incorporation. ' DP-24.- Allow cities to annex territory only within their designated Potential Annexation Area as shown in the Potential Annexation Areas Map in Appendix 2. Phase annexations to coincide with the ability of cities to coordinate the provision of a full range of urban services to areas to be annexed. DP-27: Evaluate proposals to annex or incorporate unincorporated land based on the following criteria: a) Conformance with Countywide Planning Policies,including the Urban Growth Area boundary; b) The ability of the annexing or incorporating jurisdiction to provide urban services at standards equal to or better than the current service providers; and c) Annexation or incorporation in a manner that will avoid creating unincorporated islands of development. DP-28: Resolve the issue of unincorporated road islands within or between cities.Roadways and shared streets within or between cities,but still under King County jurisdiction, should be annexed by adjacent cities. d. What is the adopted plan classification/zoning? The proposed annexation area currently has the following comprehensive plan classifications: Community Business Center(CB); Commercial Outside Centers (CO); and Urban Residential Medium, 4-12 dwelling units per acre (du/ac [UM]). The proposed annexation area currently has the following zoning: Community Business (CB) Community Business-Parcel Specific (CB-P); Office-Parcel Specific (O-P); and Residential, four du/ac(R-4). e., Will city regulations supplant King County regulations for the pro lection of',sens°itive areas, preservation ofagricultural or other resource lands,Preservation oflandrytarks qflandpnark ..................................I'll 111111111111-1111",_.-..................... ---------- Notice of Intention-, King County Boundary Review Board Page 5 of 11 S.32011 Street Annexation City File 19-104643-AX/Doc ID Resolution No, 20-783 Page 33 oJ'39 districts, or surface water control? Ifso, describe the city regulations and how they compare to the County regulations. Upon annexation, the City's regulations will replace the County's regulations for the protection of sensitive areas, preservation of landmarks, and surface water control. The City does not have any regulations for the preservation of agriculture and other resource lands, which would not be applicable as this area is not(nor adjacent to) agricultural or resource designated land. Critical Areas Federal Way has adopted regulations for environmentally critical areas in Chapter 19.145 of the FWRC, and complies with the requirement to adopt critical areas (environmentally sensitive areas)regulations(RC W 36.70A.060).The City's regulations address critical areas, including wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. Surface Water In accordance with FC 16.20.010,the City of Federal Way has adopted the 2016 King County Surface Water Design Manual( CSD ), the King County Stormwater Pollution Prevention iWanual, and the latest edition of the LID Technical Guidance Manual for Puget Sound. Landmarks Although there are no landmarks within the area proposed for annexation that would require protection or preservation,FWRC 19.285.020 adopts by reference the standards in KCC Chapter 20.62 for the protection and preservation of landmarks. D. JURISDICTIONAL COMPREHENSIVE PLAN/FRANCHISE 1. How does the jurisdiction's planning under the GMA relate to this proposal? The GMA envisions cities as the most capable providers of urban levels of service for urban areas. Consistent with the GMA,the King County/Countywide Planning Policies, the King County Comprehensive Plan, and the City of Federal Way Comprehensive Plan, the City has planned appropriately for the future annexation of its Potential Annexation Areas ( AAs).This annexation proposal is located within the Camelot Sub-area and has already been given a pre- annexation comprehensive plan and zoning designation of Community Business (BC), which will be retained upon annexation. 2. Has the jurisdiction adopted a Potential Annexation Area (PAA) under the Growth Management Act?Have you negotiated PAA Agreements with neighboring cities? Yes, the City of Federal Way has adopted a Potential Annexation Area as shown in Chapter 8 "Potential Annexation Areas,""of its comprehensive plan. The City has not negotiated PAA Agreements with neighboring cities. 3. When was your Comprehensive Plan approved?Does this plan meet requirements set by the State of Washington?Does this plan meet requirements set by King County? The Federal Way Comprehensive Plan (FWCP)was adopted on November 21, 1995, and subsequently amended on December 23, 1998, September 14, 2000,November 1, 2001,March ­­­.............................................................. -------........... Notice of Intention; King County Boundary Review Board Page 6 of 11 S. 3201"Street Annexation City File 19-104643-AX/Doc ID Resolution No. 20-783 Page 34 of 39 27, 2003, July 20, 2004, June 16, 2005,July 16, 2007, June 11,2009, October 28,2010,January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, and January 26, 2018. The FWCP meets the requirements set by the State of Washington,the requirements set by King County and the Countywide Planning Policies, and the Puget Sound Regional Council (PSC). Based on state law, the major updates to the comprehensive plan must be done every eight years and must be certified by the Department of Commerce. The last major update completed in July 2015 was certified by the state on November 19, 2015. In addition,the PSRC certified the updated plan on September 24, 2015. The yearly updates are sent to the Department of Connnerce for a 60-day comment period before approval of the updates by the City Council, and the final plan is sent to Commerce within 10 days of Council approval. 4. Is this proposal consistent with and specifically permitted in the jurisdiction's adopted Comprehensive Plan, or will a plan amendment be required?If'so, when will that amendment be completed? The proposed annexation is consistent with the FWCP, including the land use designation of Community Business (BC) and zoning of Community Business (BC). No amendments to the City's comprehensive plan are required to complete this annexation. S. Is afranchise required to provide service to this area?If so, is the area included within your current franchise? The proposed annexation area is located within the Lakehaven Water& Sewer Service Area, within the South King Fire&Rescue Service area, and within the boundaries of the Federal Way School District. Therefore,no franchises are required to provide service to the area, once annexed, 6 Has this area been the subject of an Interlocal Agreement?Ifso,please enclose a signed copy of the agreement. No, this area has not been the subject of a pre-Annexation Zoning Agreement. 7. What is the proposed land use designation in your adopted Comprehensive Plan? When were your proposed zoning regulations adopted? The proposed land use designation and zoning in the City's comprehensive plan and on the Zoning Map is Community Business (BC). These designations were adopted by Ordinance 04- 460 on July 29, 2004. E. REVEN U ES/EXPENDITU RES PLANNING DATA 1. Estimate City expenditures 2. Estimate City revenues to be gained 3. Estimate County revenues lost 4. Estimate Counly expenditure reduction There will be no City expenditures associated with the annexation.The City can provide police services without additional cost. The County will lose $9,724 in property taxes and the City will gain $5,044. .... ....... ... ......... —-------- .................... Notice of Intention; King County Boundary Review Board Page 7 of 11 S. 320th Street Annexation City File 19-104643-AX/Doc ID Resolution No. 20-783 Page 33 of 39 5. Estimate fare district revenue lost None anticipated as area is already within the service area for South King Fire &Rescue. 6 Estimate fare district expenditure reduction None anticipated as the area is already within the service area for South King Fire&Rescue. F. SERVICES 1. Water—Lakehaven Water&Sewer District, no change 2. Sewer—Lakehaven Water& Sewer District, no change 3. Fire Service—South King Fire &Rescue, no change G. GENERAL 1. In the case of extensions ofsei-vices, has an annexation agreement been required?Ifso,please attach a copy of the recorded copy of this agreement. Correspondence from the Lakehaven Water& Sewer District states that future site development will require extension of water and sewer system facilities (including extend-to-far edge for sewer), under Lakehaven's Developer Extension Agreement process (Exhibit G). 2. Describe the topography and natural boundaries of the proposal. The site's existing topography is highest in the southeastern portion of the annexation area, with approximate elevations of 480 feet sloping to 420 feet in the northwestern portion of the annexation area. The elevation change at the northern edge of the proposed boundary partially serves as a natural delineation between parcels. The property proposed for annexation is located north and adjacent to 320t" Street, west and adjacent to 32"Avenue South, cast of 1-5, and south of 316"' Street(Exhibits B and Q. 3. How much growth has been projected for this area during the next ten-year period? Khat source is the basis for-this projection? Federal Way's five potential annexation areas (F s) total approximately 3,650 acres, and the growth targets adopted in Technical Appendix D to the 2016 King County Compr'ehensive Plan established growth targets for Federal Way's P consisting of 2,390 net new housing units and 290 net new jobs. This proposed annexation area accounts for 0.58 percent of the total PAA area for Federal Way. The area is almost entirely zoned by King County as Community Business Center(CB) and Commercial Outside of Centers (CO), which would both be expected to accommodate Notice of Intention; King County Boundary Review Board Page 8 of I I S. 320th Street Annexation City File 19-104643-AX/Doc ID Resolution No. 20-783 Page 36 of 39 employment. Comparably, the City's proposed comprehensive plan designation and zoning of Community Business (BC)would also be expected to accommodate employment. Looking at King County's 2014 Buildable Lands Report, employment densities in commercially designated areas for Federal Way are analyzed based on 250 square feet per employee, while in unincorporated King County the same are analyzed based on 350 square feet per employee. Annexation into the City of Federal Way should have no impact on the area's likelihood of achieving its employment growth target. 4. Describe any other municipal or community services relevant to this proposal. There are no others applicable services. S. Describe briefly any delay in implementing service delivery to the area. The area surrounding the proposed annexation area is already developed with all services available;therefore, no delay in service delivery is expected. 6. Briefly state your evaluation of the present adequacy, cost, or rates of service to the area and how you see./uture needs and costs increasing. Is there any other alternative source available for such service(y)? The only change in service expected is the shift in service from the King County Sheriff to the Federal Way Police Department. The City's Finance Department has stated that there will be no additional cost for police services (Exhibit F). REVIEW OF OBJECTIVES (RCW 36.93.180) 1. Preservation of natural neighborhoods and communities. The proposed annexation area does not include any existing, established neighborhoods as this area is predominantly developed with large lot single-family-homes. 2. Use ofphysical boundaries, including but not limited to bodies of water, highways, and land contours The proposed annexation has physical boundaries as follows: M The western boundary follows 1-5 and the existing City limits, The northern boundary was drawn between existing parcels in recognition of the change in elevation between the parcels, as well as a desire to "square"off the boundary at the intersection of 32nd Avenue South and South 316"' Street, The eastern boundary follows the eastern boundary of the right-of-way for 32"d Avenue South until it intersects with the existing City limits. The southern boundary abuts existing City limits along South 320"' Street. ---------__1.-------------------- ............. Notice of Intention; King County Boundary Review Board Page 9 of 11 S. 32010 Street Annexation City File 19-104643-AX/Doc ID Resolution No. 20-783 Page 37 of 39 3. Ci-eatioiiand pi-esei-i,,a.tioiiqflogical ser-nice ai-ects. • The proposed annexation does not impact the service territories of any districts/special districts (e.g. fire district, school district, sewer district,water service, etc.) in the area, • The fixture extension of 32nd Avenue South within the annexation area would be fully within the City limits. 4. Pi,ei,ei?lioiiqfabnormally ii-regular-bou?zdcii-ies, The proposed annexation area does not create any abnormally irregular boundaries. It is consistent with other boundaries in the area and does not impact present service boundaries.The parcels proposed for annexation are currently served by way of 32"d Avenue South,which dead ends at South 316"' Street. An extension of 32"Avenue South would be anticipated in the future. 5. Discouragement of multiple incorporations ofsmall cities and encouragement of incorporation of cities in excess of len thousand population in heavily populated urban areas. a Not applicable. 6. Dissolution of inactive special purpose districts. ® Not applicable. 7. Adjustment of impractical boundaries. Not applicable. 8. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character. The proposed annexation area is designated and zoned for urban levels of development in accordance with King County's comprehensive plan and zoning.The proposed annexation area is also designated for urban levels of development in accordance with the City's Potential Annexations Areas Chapter, as well as the land use designation and zoning to be concurrently applied with the adoption of this annexation.Regardless of jurisdiction (County or City),this area is anticipated to develop at urban levels, especially given its proximity to Interstate 5. 9, Protection of'agricultural and rural lands which are design aledfor longterm productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. 0, Not applicable. REVIEW OF FACTORS (RCW 36.93.170) 1. Population and tery-itory,-population density,- land area and land uses,- comprehensive plans and zoning, as adopted under chapter 35.63, 35A.63, or 3670RCTV,- comprehensive plans and development regulations adopted under chapter 36.70A ROY,, applicable service agreements entered into under chapter 36.115 or 39.34 RCTV,, applicable interlocal annexation agreements between a ................-,—------ ......... _..... ........ Notice of Intention; King County Boundary Review Board Page 10 of 11 S. 32011 Street Annexation City File 19-104643-AX/Doc ID Resolution Na 20-783 Page 38 oJ'39 county and its cities,-per capita assessed valuation; lopograpltv, natural boundaries and drainage basins,proxinfil'v to otherpopulated areas; the existence and preservation ofprime agricultural soils and productive agricultural uses; the likelihood of'signVicant growth in the area and in adjacent incorporated and unincorporated areas during the na-vt ten years,- location and most desirablefiaure location of conimunity./acilit.ies. The area proposed for annexation: * Is consistent with the City of Federal Way's Comprehensive Plan and Potential Annexation Area land use designation and zoning. - * Is consistent with King County's Potential Annexation Area policies desiring city annexations of these areas. * Would simultaneously annex the entire road segment (and future road segment) for 32nd Avenue South between South 316"' Street and South 320"' Street. * Has boundaries that are logically formed based on adjacent road segments and topography. * Has relatively little existing population. Is designated by both the City and County for future commercial/business development. Would have no impact on agricultural soils or uses. 2. Municipal services; need for municipal services,- effect of ordinances, governmental codes, regulations and resolutions on existing uses;present cost and adequacy ofgovernmental services and controls in area,,prospects qfgovernmental services from other sources;probable future needs for such services and controls;probable ej ,feet ofproposal or alternative on cost and adequacy ofservices and controls in area and adjacent area; the effect on the finances, debt structure, and contractual obligations and rights oJ'all qYected governmental units,- and The proposed annexation does not significantly impact any service boundaries for utility providers and development of the site (whether annexed or not)would be commercial development with similar uses and service delivery needs. The only switch in service delivery would be from the King County Sheriff Department to the City of Federal Way Police Department. As noted above, the City's Finance Department has stated that there will be no additional cost for police services (Exhibit F), 3. The elect of the proposal or alternative on adjacent areas, on mutual economic and social interests, and on the local governmental structure of'the county. The proposed annexation would have minimal impacts on the County.The area is within Federal Way's Potential Annexation Area(PAA), an uncontested PAA. ------------ ........ ----------- ..... .................... Notice of Intention; King County Boundary Review Board Page 11 of 11 S. 3201h Street Annexation City File 19-104643-AX/Doc ID Resolution No. 20-783 Page 39 of 39