AG 95-240 - KENT, CITY OF ~1~ OF FEDERAL WAY L~W DEPARTMENT '1995
FOR CONTRA=T PREPARATION/DO=UM~NT REVIEW/SIP-NATURE ROUTIN= =LIP
~ONTRACT REVIEW ]NITIA~DATE APPROVED
AN AGREEMENT BETWEEN KING COUNTY AND TEE
CITIES OF FEDERAL WAY AND KENT
RELATING TO POTENTIAL ANNEXATION AREA DESIGNATION
THIS IS AN AGREEMENT between King County, a home rule charter
county, a political subdivision of the State of Washington,
hereinafter referred to as the "County" and the Cities of Federal
Way, a non-charter code city ("Federal Way"), and Kent, a municipal
corporation of the State of Washington ("Kent"), hereinafter
collectively referred to as the "Cities."
· RECITALS:.
A. Pursuant to RCW 36.70A. 110(2), the Washington State
Growth Management Act of 1990 as amended requires each City within
the County to propose the location of an urban growth area, and
B. The Countywide Planning Policies adopted and approved by
Ordinance 10450 on July 6 by the County Council and ratified by
Cities within the County, establishes rules for designating City
potential .annexation areas within the~ countywide urban growth
boundary, and
C. Countywide Planning Policy LU~19 states that in
collaboration with adjacent counties and cities and King County,
and in consultation with residential groups in affected areas, each
City shall designate a Potential Annexation Area (PAA), and
D. It is in the public interest that the jurisdictions
cooperate to designate logical and achievable PAA boundaries;
NOW THEREFORE, the County and the Cities hereby agree:
1. PURPOSE.
The purpose of this Agreement is to confirm the decision made
between the Cities and the County for the identification of
PAA boundaries.
2. DEFINITIONS
Potential Annexation Area (PAA): The unincorporated urban
area adjacent to a City, within which urban growth shall be
encouraged and phased, and which is expected to annex to the
city. Annexation is expected to occur sometime during the
next 20 years at which time the city will provide services and
utilities. Potential Annexation Area is another term for a
Cities' Urban Growth Area.
Page 1 of 6
AN AGREEMENT BETWEEN KING COIINTY
AND THE CITIEs OF FEDERAL WAY AND KENT
RELATING TO PAA
Urban Growth Areas: Areas proposed by the Cities and
designated by the County within which urban growth shall be
encouraged and phased and outside of which growth can occur
only if it is not urban in nature. An Urban Growth Area is
another term for Potential Annexation Area.
Urban Growth Boundary: The boundary marking the limit between
the urban growth areas and. other areas such as rural and
resource area where urban growth is not permitted. The
boundary shall be designated by the County in consultation
with the appropriate Cities, under the recruirement of the
Growth Management Act, as amended.
3. PI/BLIC PROCESS.
The designation of PAAs in Exhibit A (map and written
description) and the corresponding obligations of the County
and Cities are of interest to a variety of affected parties,
including property owners, area residents, the general public,
special service districts and the municipalities.
4. . RELATIONSHIP TO EXISTING LAWS AND STATUTES.
This Agreement in no ~ay modifies nor supersedes existing laws
and statutes and is consistent with .existing laws and
statutes. In meeting the commitments encompassed in this
Agreement, all parties will comply with the requirements of
the Annexation Statutes, Open Meetincs Act, ' State
Environmental Policy Act, Growth Management A~t and Countywide
Planning Policies for King County.
5. RESPONSIBILITIES:
The County and Cities that are parties to this Agreement shall
cooperate in the administration of the following actions
related to unincorporated lands within this Acreement as
follows: -
A. This Agreement shall establish the responsibility for
designation of potential annexation areas.
(i) The County shall attempt to reach agreement with
the Cities on the location of an urban growth area
[potential annexation area). If such an agreement
is not reached, the County shall justify in writing
Page 2 of 6
AN AGREEMENT BETWEEN KING COUNTY
AND THE CITIES OF FEDERAL WAY AND KENT
RELATING TO PAA
why it so designated the area an urban growth area
[potential annexation area). [RCW 36.70A.110.(2))
(ii) The County and Cities acknowledge the PAA boundary
described in Exhibit A (map and written
description).
(iii) The Cities will annex territory only within their
designated PAAs.
(iv) The cities and the County shall conduct a public
involvement process that includes workshops,
survey, hearings, or other methods in areas within
the PAA prior to inclusion of any additional areas
within the PAA.
6. FUTURE RESPONSIBILITIES
Within one year of the effective date of this Agreement, the
County and cities shall create an addendum to this Agreement
which shall establish the responsibility for the County and
Cities to address lands within the PAA which are not practical
to annex at the time of development. The addendum shall
specifically address:
(i) Definition of appropriate land uses and applicable
zoning.
(ii) Adoption of minimum development standards.
(iii) Establishment of service providers and servioe standards.
(iv) Impact mitigation.
(v) The timing of annexations within the potential annexation
area.
7. AMENDMENTS.
Any party's failure to participate in the creation of this
addendum shall be deemed as that party's approval of the
addendum and waiver of protest as to its content.
A. A city which desires to modify the Potential Annexation
Area shall contact all other parties to this Agreement to
Page 3 of 6
AN AGREEMENT BETWEEN KING COUNTY
AND THE CITIES OF FEDERAL WAY AND KENT
RELATING TO PAA
begin discussions regarding potential annexation area
boundary amendments. The County and the cities agree to
participate in such discussions when called by another
city. Either Party is authorized to call a meeting upon
30 days written notice.
B. The proposed modifications shall be supported by written
evidence of a significant change in one of the criteria
listed in paragraph 6D. below. The Cities and the County
shall concur that the substantial change warrants an
amendment to the original designated potential annexation
area.
C. A public process shall be conducted regarding an
amendment to a potential annexation area.
D. Criteria for Designation of Potential Annexation Areas
· Recognition of resident community identification.
· Financial and technical ability to provide
municipal services.
· Creation of logical service areas (vehicular
accessibility and utility construction).
· Recognition of physical boundaries.
Bodies of water
Topographical features
Watersheds
Freeways
· Protection of critical/resource areas significant
to a particular jurisdiction.
Protection for critical areas
Opportunities for urban separators
· Logical boundaries
Elimination of unincorporated islands
No overlapping potential annexation areas
E. The proposed amended PAA agreement shall be submitted to
the respective legislative authorities for approval.
8. DURATION AND TERMINATION
This Agreement is effective upon signature of the parties and
shall continue in effect from year to year unless terminated
by a six month written notice by one party to the others.
Page 4 of 6
AN AGREEMENT BETWEEN KING COUNTY
AND THE CITIES OF FEDERAL WAY AND KENT
RELATING TO PAA
9. SEVERABILITY CLAUSE
Any provision of this Agreement which is declared invalid or
illegal shall in no way affect or invalidate an~ other
provision hereof and such other provisions shall remain in
full force and effect.
10. IN-DEMi~IFICATION
Each party shall indemnify and hold harmless the other parties
and their officers, agents, and employees, or any of them from
any and all claims, actions, suits, liability, loss, costs,
expenses and damages of any nature whatsoever, by reason of or
arising out of any negligent act or omission of that's party,
its officers, agents and employees, or any of them, in the
performance of this Agreement.
11. ADMINISTRATION
This Agreement shall be administered by:
A. The County Manager of Planning and Community Development
Division, or the Manager's designee, and,
B. The Federai Way City Manager or the City Manager's
designee, and
C. The Mayor of Kent or the Mayor's designee.
IN WITNESS WHEREOF, the parties have executed this Agreement this
day of , 1995.
KING COUNTY CITY OF FEDERAL WAY
King County Executive Da~neth '~~y~nage r
Date
Page 5 of 6
AN AGREEMENT BETWEEN KING COUNTY
AND THE CITIES OF FEDERAL WAY AND KENT
RELATING TO PAA
Approved as to Form: Approved as to Form:
King County Prosecuting Attorney~C~~ney
CITY OF KENT
Approved as to Form:
~'C~it~Att°rne~
a: annex, doc
Page 6 of 6
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EXHIBIT ~
FEDERAL WAY - KENT
POTENTIAL ANNEXATION AREA
BOUNDARY DESCRIPTION
The following is a description of the Potential Annexation Area
boundary between the City of Federal Way and the City of Kent.
Beginning at the point along the westerly right of way of
State Route 99 where it intersects with the southerly right
of way of South 272nd Street, then running east along the
southerly right of way of South 272nd Street to the point of
intersection with the westerly right of way of 55th Avenue
South.
From: Bob Baker
To~ LondiL, EileenR
Dates September 29, 1997 (Monday) 3:07 pm
Subject: PAA Agreements
Hi, Londi
I have finally spoken with a representative from King County regarding the
Interlocal agreement with Kent, Federal Way and King County (Agreement
95-240). Paul Reitenbach (phone: 205-0701) infoz~ned me he worked directly
with Larry Springer on this item. He stated King County did not sign the
agreement once it reached them. He said hind sight is 20-20 and they should
have signed with some caveats or stipulations attached, but did not.
Finally, ha stated King County's intent is to sign the Interlocal agreement
after Federal Way resolves "issues" with surrounding cities.
Bob Baker
CC: ChrisG