Ord 99-358
ORDINANCE NO. 99-~8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ANNEXING
APPROXIMATELY 1.25 ACRES, LOCATED EAST OF
INTERSTATE 5, WEST OF MILITARY ROAD, AND
APPROXIMATELY 600 FEET NORTH OF SOUTH 320m
STREET, AT WEYERHAEUSER WAY SOUTH (IF
EXTENDED).
WHEREAS, RCW 35A.14.010 authorizes the City of Federal Way to annex any
portion of a county not incorporated as part of a city or town but lying contiguous to the City of
Federal Way; and
WHEREAS, on May 5,1999, pursuaI!t to RCW 35A.l4.120, John Elley, as owner
of not less than ten percent (10%) in assessed valuation of the property proposed for annexation, as
certified by the City Clerk, filed a Notice of Intention to Petition for Annexation to the City of
Federal Way approximately 1.25 acres of property ("Annexation Property"), located contiguous to
the northeast boundary of the City of Federal Way; and
WHEREAS, on June IS, 1999, the City Council accepted the 10% Petition,
authorized the preparation of a Petition for Annexation, and required the assumption of a pro rata
proportion of existing City indebtedness by the Annexation Property; and
WHEREAS, the City Council established Comprehensive Plan and Zoning
designations, subject to a Development Agreement for the Annexation Property, on December IS,
1998, pursuant to Ordinances No. 98-330; and No. 98-331, respectiyely; and
WHEREAS, the annexation action is exempt from all environmental review pursuant
to RCW 43.2IC.222; and
ORD # 99-358, PAGE I
t(Q)~1f
WHEREAS, the Annexation Property is legally described and depicted in a map
contained in Exhibit A, which is attached hereto and incorporated herein by reference; and
WHEREAS, on Noyember 16, 1999, the City Council held a public hearing, after
public notice as required by law, on the proposed annexation of the subject property, and
WHEREAS, on Noyember 16, 1999, the City Council adopted Resolution No. 99-
J!!5.. declaring and giving notice of its intention to annex the subject property; and
WHEREAS, the City Council considered the annexation at its meeting on November
16, 1999, and finds that annexation of the subject property would promote the health, safety and
welfare of the citizens of Federal Way;and
WHEREAS, Mr. Elley has complied ~th the Council's conditions to annexation, as
set forth in Resolution No. 99- 30~
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section I. Annexation. The City òfFederai Way hereby annexes approximately 1.25
acres, located east ofInterstate 5, west of Military Road, and approximately 600 feet north of South
320th Street, at Weyerhaeuser Way South, if extended ("Annexed Property") and as legally described
and depicted in Exhibit A, which is attached hereto and incorporated herein by reference. The
Annexed Property shall become a part of the City of Federal Way, Washington, as of the effectiye
date of this Ordinance, subject to laws and ordinances, regulations and plans of the City, as they now
exist or may hereafter be amended or adopted.
Section 2. Indebtedness. The Annexed Property shall assume its pro rata share of
existing City indebtedness, and shall be assessed and taxed at the same rate and on the same basis
ORD # 99-358, PAGE 2
as other property within the City to pay for any and all outstanding indebtedness of the City
approved by the voters, contracted for or incurred prior to or existing as of the effective date of this
Ordinance.
Section 3. Filing. The City Manager and/or his designee is directed to file forthwith
a copy of this Ordinance, duly certified as a true and correct copy, with the County Council of King
County, pursuant to RCW 35A.14.l40.
Section 4. Severabilitv. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the inyalidity of the application thereof 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. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affinned.
Section 6. Effectiye Date. This 'ordinance shall take effect and be in force 45 days
after the date on which the Notice ofIntention to Annex is filed with the Washington State Boundary
Review Board ("BRB") for King County pursuant to Resolution No. 99-JQL., if no person or entity
invokes the jurisdiction of the BRB, or on the effective date ofBRB approval of the annexation if
BRB jurisdiction is inyoked.
PASSED by the City Council of the City of Federal Way this ~ day of
December
,1999.
ORD #99-358 ,PAGE 3
APPROVED AS TO FORM:
~ LÒNDI K. LI~DEU
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
11/09/99
12/07/99
12/11/99
1/28/00
99-358
K:\CD\ORDINA \TRACTl7 .ORD
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ANNEXA TrON DESCRIPTION
QUADRANT RES NORTH, TRACT 17 PARCEL
THAT PORTION OF OF LOT 17, MIDWAY SUBURBA..1~ TRACTS ACCORDING TO THE
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BONNEVILLE POWER ADMINISTRATION'S TRANSMISSION Lll\'E RIGHT OF WAY,
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FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
STAFF REPORT TO
THE FEDERAL WAY CITY COUNCIL
"Tract 17" Annexation Pet�t�on
Federal Way File No: ANN99-0001
Public Hearing: November 16, 1999 7:00 pm
City Council Chambers
Federal Way City Hall
33530 First Way South
(253.661.4118)
Report prepared by:
Lori Michaelson, AICP, Senior Planner
�J
TABLE OF CONTENTS
Section
r�
L
1. GENERAL INFORMATION 1
2. ACTIONS REQUESTED 1
3. HISTORY AND BACKGROUND 2
4. COMPREHENSIVE PLAN AND ZONING DESIGNATIONS 3
5. ENVIRONMENTAL REVIEW 3
6. LAND USE AND NEIGHBORHOOD CHARACTERISTICS 4
7. PUBLIC FACILITIES AND SERVICES 4
8. ANNEXATION-RELATED COSTS AND REVENUES TO THE CITY 7
9. DECISIONAL CRITERIA 7
10 FINDINGS
11. STAFF RECOMMENDATION 9
F.xhibits
Exhibit A: Sixty Percent Annexation Petition
Exhibit B: Annexation Area Map
Exhibit C: Federal Way Potential Annexation Area (PAA) Map
Exhibit D: City Clerk Certification
Exhibit E: E�sting Comprehensive Plan Map
Exhibit F: Existing Zoning Map
Exhibit G: Development Agreement
Fxhibit H.• Master Site Plan, Quadrant (e�ibit to "residential north" annexation staff report,
File No. ANN98-0001)
Exhibit I: Costs and Revenues to the City Associated with the Annexation (Section IX of
"residential north" annexation staffreport, File No. ANN98-0001)
StaffReport to the City Council
File No. ANN99-0001
November 16, 1999
1. GENERAL INFORMATION
Project Name:
2.
Applicant:
Tract 17 Annexation
John R. Elley
3435 South 316�` Street
Auburn, WA 98001
Property Location Within King County, adjacent to Federal Way City limits,
east of Interstate 5, west of Military Road South,
approximately 600 feet north of South 320"` Street, at
Weyerhaeuser Way South (if extended).
Parcel Numbers:
Project Area:
Federal Way
Comprehensive
Pian and Zoning:
ACTIONS REQUESTED
551560-0090 (Tract 17, Midway Suburban Tracts)
1.25 acres
Multi-Family and RM-3600 (Multi Family Residential,
3600 square feet of lot area per dwelling unit);
modified to 6 units per gross acre pursuant to an adopted
development agreement.
The City has received an annexation petition from 7ohn Elley (Exhibit A) to annex a 1.25-
acre parcel of land located within unincorporated King County and known as "Tract 17"
(Exhibit B). The proposed annexation area is contiguous to existing City of Federal Way
boundaries, within the City's Potential Annexation Area (Exhibit C). Under State Law and
Federal Way City Code (FWCC) the City Council may decide on the proposed annexation
following a public hearing, scheduled for November 16, 1999. There are no statutory
requirements for the public hearing other than to provide an opportunity for public testimony.
Following the hearing, the City Council may accept the 60 percent petition; and by resolution
1 RCW 35A.14.010 authorizes cities to annex properly�, 35A.14.120 et seq., governs the 60% petition method of
annexation; RCW 36.70B.170 et seq. governs development agreements.
2 FWCC Article II[, Annexations.
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StaffReport to the City Councid
File No. A1VN99-0001
November 16,1999
declare and give notice of intention to annex the subject property and direct staffto submit
a Notice of Intention to Annex to the King County Boundary Review Board and make a
motion to move the ordinance approving the annexation to second reading.
3. HISTORY AND BACKGROUND
On May 5, 1999, the City received a"ten percent petition from the Mr. John Elley, sole
owner of the property proposed for annexation, jointly with the Quadrant Corporation. On
June 15, 1999, the City Council accepted the 10% petition with geographic boundaries as
proposed, authorized circulation of the 60% petition, and directed that the property within
the annexation area assume its proportionate shaxe of the City's bonded indebtedness upon
annexation.
On September 16, 1999, the City received Mr. Elley's formal annexation petition (Exhibit
A). The petition was certified by the Federal Way City Clerk (Exhibit D), and a City Council
public hearing on the petition was scheduled.
The Tract 17 annexation petition is a follow-up to Quadrant's previous annexation petition
known as "residential north'", which was approved by the City Council in 1998, but which
inadvertently left out Tract 17. However, annexation and future development of Tract 17
as part of the residential north the property was contemplated by the Council's adoption of
pre-annexation comprehensive plan and zoning designations for Tract 17, subject to a
Development Agreement, concurrent and consistent with the residential north property. Mr.
Elley and Quadrant have confirmed that their intent is still to consolidate Tract 17 under
common ownership and future development plans with the adj acent residential north property.
The Tract 17 annexation proposal effectively constitutes a minor addition to the 1998
3 Because the anne�cation is subject to review by the King County Boundary Review Board (BRB) (RCW
36.93.090.100), an annexation ordinance passed following a hearing but before board review is not effective. The City Council
must first adopt a resolution of intent to annex, to suthorize the filing of a notice of intent with the BRB. If the Council wishes
to simultaneously adopt an annexation ordinance, it may do so conditioned upon BRB approval.
4 If clearance is received from the boundary review board, and if no suf�"icient referendum petition is filed within 45
days from passage of the annexation ordinance (excluding the date of passage), the annexation will be deemed sutomatically
approved.
5 The Notice of Intention to Petition forAnnexation is commonly called the "ten percent petition."
6 Commonly called the "sixty percent petition."
Refer to 'Residential North"Annexation and DevelopmentAgreement, CityFile No. ANN98-0001. Pertinerit patts
from ttus report are referenced herein and ext►ibited hereto.
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StaffReport to the City Council
File No. AN�1/99-0001
November 16, 1999
"residential north" annexation proposal. Therefore, the Tract 17 annexation analysis is based
largely on the residential north staff report, with relevant sections of the previous report
sumrnarized herein and/or attached.
4. COMPREHENSIVE PLAN AND ZONING DESIGNATIONS
As noted above, pre-annexation comprehensive plan and zoning designations subject to a
Development Agreement was adopted for Tract 17 by the City Council on December 15,
1998. These designations included multi family residential, and RM-360�0, respectively
(Exhibits E and F� and were consistent with the adjacent Quadrant residential north
property. (Former King County comprehensive plan and zoning designations included Urban
Residential and R-18 (Residential; 18 units per acre), respectively.
The Development Agreement (Exhibit G) contemplates development of Tract 17 consistent
with the applicant's master site plan for the residential north property (Exhibit I�. The
principal purpose of the agreement is to ensure lower density residential development on the
site than the underlying zoning of RM-3600 would allow, by limiting the maximum number
of dwelling units to six (6) per gross acre. The agreement also preserves the ability to extend
the BPA trail system across a portion of the site (within the BPA utility easement). The
agreement contains no other specific development regulations or design standards. All
applicable City codes, policies, regulations, and standards, will apply to the development,
including site and building design, infrastructure design and construction, and
nonconformance provisions. Site development is also subject to review under SEPA and to
any resulting mitigation measures.
It should be noted that Quadrant has submitted a rezone request for Tract 17 and the
residential north property, from residential to office. The request is being processed as part
of the City's annual updates to the comprehensive plan and zoning map. The staffreport for
the 1999 updates will include an analysis of development-related impacts associated with the
requested chan�es. However, pending a Council decision on Quadrant's request, the existing
zoning and development agreement remain in effect and are the basis for this staff report.
5. ENVIRONMENTAL REV�W
Annexation is an exempt action under the State Environmental Policy Act (SEPA) (RCW
43.21C.222). A Determination ofNon-Significance (DNS) was issued on May 6, 1998, for
8 City Council Ordinance No. 98-330.
9 City Council Ordinance No. 98-331.
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StaffReport to the Ciry Council
File No. ANN99-0001
November 16, 1999
L_ J
the comprehensive plan and zoning designations for the proposed annexation area. Future
development ofthe property will be subject to SEPA at the time of application, as well as any
resulting mitigation measures as may be required to control project-related adverse impacts.
6. LAND USE AND NEIGHBORHOOD CHARACTERISTICS
Tract 17 is presently vacant and undeveloped. Existing land uses and zoning in the general
vicinity include residential and office. Properties to the west and south of the site are
generally undeveloped and are part of the "residential north" area previously annexed. No
environmentally sensitive areas are known to exist on or within 100 feet of Tract 17.
However, wetlands have been identified to the south and west of the property. A fire station
is located on South 320'� Street, southeast of the site. The BPA easement runs dia�onally
through the north portion of Tract 17, which is contemplated as a future regional trail system
by the adopted development agreement. Refer to Exhibits E and F for e�sting
comprehensive plan and zoning designations for the site and sunounding area. As previously
noted, Tract 17 is anticipated to be developed consistent with the "residential north" property,
subject to all applicable City codes, policies, and regulations.
7. PUBLIC FACILITIES AND SERVICES
Public facilities and services (urban services) are available to the annexation area and can
efficiently be provided by the City and its service area providers. Urban services include
transportation, police, fire, water, sewer, surface water, parks/recreation, and general
government services. The following detail is drawn from the "residential north" annexation
staff report, which is relevant and applicable to the current proposal.
A. Transportation
Specific transportation improvements and requirements will be determined
during development review of the proposal, under the Federal Way City Code and
Comprehensive Plan, SEPA, and a11 other applicable codes, policies, and regulations.
Based on the current development plan for Tract 17 and the residential north
property (Exhibit I�, vehicle access to the development will be provided from
l0 �rovements to existing and new s4reets, any off site mitigation, and related facilides, as required for the safe and efficie�nt movemeat
of vehicles, pedesfrians, bicycles, public transportation, emergency vehicles, and school buses, will he detem�ined through the development and
enviromnental review processes and applied to the project.
1 Quadrant's conceptual site plan for the "residential north" properties, reviewed by the City Council in 1998,
included Tract 17.
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StaffReport to the Ciry Councid
File No. ANN99-0001
November 16, 1999
i
South 320�` Street. South 320�` Street is classified as a principal arterial by the
Federal Way Comprehensive Plan (FWCP). Ultimate street improvements to South
320th Street are expected to include a six to seven lane street section, with sidewalk,
street lighting, planted median and street trees on both sides.
The development plan also contemplates a northerly extension of Weyerhaeuser Way
South, from South 320�` Street through the site, and reserving future access to the
north. The e�sting segment of Weyerhaeuser Way South (south of 320'� Street) is
classified as a principal collector. Based on the development proposal,
Weyerhaeuser Way north of 320'� will be built to the City's residential collector
standards, including a two to three lane street with sidewalks, street trees, lighting,
etc. The e�ension of Weyerhaeuser Way north from South 320�', with ultimate
connection to Military Road South, will provide an essential transportation corridor
to the annexation area and to other adjacent properties within the City's Potential
Annexation Area (PAA).
B. Public Safety
Police and fire services are available to the site and will be provided by the City's
Public Safety Department and Federal Way Fire Department.' King County provides
jail and court services to the City ofFederal Way on a contractual basis. Emergency
medical services (EMS) are dispatched by the fire district and paid for by property
taxes. A safe and secure environment will be ensured through cunent building and fire
codes, as well as site design requirements, including application of"Crime Prevention
Through Environmental Design" (CPTED) principles, as appropriate.
C. Utilities
Domestic water and sanitary sewer are currently available to the area and can be
provided by the Lakehaven Utility District. The District currently provides water to
this area, and sanitary sewer is available from South 320'� Street through a developer
extension agreement. The annexation area is located within the District's approved
sewer service area boundary, and the District currently has capacity for collection and
treatment of sewerage from the annexation area. Other utility providers are expected
to include Puget Sound Energy (electricity, power poles, and equipment), Federal
Way Disposal (solid waste and recycling collection), and TCI (cable).
12 Federat Way Fire Departmait is owned and operated by the King County Fire DistricK. No firo-related c�t will accrue to the City as a
result ofthe amtexation.
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StaffReport to the City Council
File No. ANN99-0001
November 16, 1999
D. Surface Water Quantity and Quality
Tract 17 is located in the Green River Drainage Basin. The site developer will be
required to provide on site facilities for detention and treatment of storm water in
accordance with the King County Surface Water Design Manual and all other
applicable codes, policies, and engineering standards. Also, any off site mitigation
measures necessary to address surface water-related adverse impacts will be applied
to site development through environmental review. In addition, surface water
management (SVVM) fees will be collected by the City on an annual basis. Site
development is not expected to generate impacts which can not be addressed through
one or more of these processes.
E. Parks and Recreation
The Parks Department has indicated that there are no nearby neighborhood parks to
meet the recreation needs of future residents within the annexation area. However,
any residential development of the site pursuant to the City's zoning and subdivision
codes will require on site open space and recreational opportunities comparable to a
neighborhood-scale park, and this should be sufficient to meet the need generated by
the additional population. Consequently, the impact to the existing City-wide parks
LOS is expected to be minimal.
F. General Government Services
General government se�vices (Municipal Court Services, Civil Legal Service,
Community Development Administrative Services) will be provided to the site
concunent with annexation and development of the subject site.
G. Other Public Services
Schood Services: Federal Way School District has indicated that the annexation azea
is located within the service boundaries of Lake Dolloff Elementary School, Kilo
7unior High School, and Thomas Jefferson Hi�h School. Impacts to these schools
and related services, resulting from additional residential population generated by
development in the annexation area, is expected to be mitigated by school impact fees.
Impact fees are collected by the City at building pernut issuance and passed on to the
school district. The city budget is not affected by school impact fees.
Franchises: The City of Federal Way currently has franchises with TCI (cable
service), Puget Sound Energy (power poles and equipment) and Federal Way
-6-
L
Staff'Report to the City Councid
File No. ANN99-0001
November 16, 1999
Disposal (solid waste and recycling collection). The City is also developing
agreements with several telecommunications service providers, and investi�ating a
franchise agreement with the Olympic Pipeline Company.
8. ANNEXATION-RELATED COSTS AND REVENUES TO THE CITY
An analysis of costs and revenues was prepared for the 1998 "residential north" annexation.
Given the relatively small size and development potential of Tract 17, with respect to the
overall master plan, it would not be expected to generate any significant differences in costs
or revenues to the City, were it included in the previous analysis. Therefore, the previous
analysis is applicable to the current proposal and is attached to this report in its entirety
(Exhibit
9. DECISIONAL CRITERIA
A. Concurrent Comprehensive Plan and Zoning Designations
Federal Way City Code (FWCC) Sec. 19-101 requires that comprehensive plan and
zoning designations be established concurrently with annexations in cases where such
designations are either absent or outdated. Existing Federal Way Comprehensive
Plan and Zoning designations, including Multifamily Residential and RM-3600,
respectively, pursuant to a development agreement, were established for the subject
property in 1998, and remain in effect at this time.
B. Annexation
The annexation proposal complies with RCW 3 SA.14.120 (the sixty percent petition
method of annexation) as follows:
(1) On May 5, 1999, Mr. Elley filed a Notice of Intention to Petition for
Annexation to the City, which was certified to represent the owner(s) of not
less than ten percent of the assessed valuation of the subject property.
(2) On June 15, 1999, the City Council accepted the ten percent annexation
petition, authorized circulation of the formal petition, and required the
assumption of a pro-rata share of the City's existing bonded indebtedness by
the area to be annexed.
(3) On September 16, 1999, Mr. Elley filed an annexation petition, which was
certified to represent the owner(s) of not less than sixty percent of the
Stafj"Report to the City Council
File No. ANN99-0001
November 16, 1999
assessed valuation of the subject property, and a City Council public hearing
on the annexation was scheduled.
C. Consistency with the Federal Way Comprehensive Plan (FWCP)
The annexation proposal is consistent with the following Federal Way Comprehensive
Plan (FWCP) policies:
Annexations generally should not have or create abnornially irregular boundaries.
(PAAP6)
Proposed annexations should use the 60% petition method when possible. (PAAP9)
The City will require owners of land annexing into Federal Way to assume their
proportion of existing City bonded indebtedness. (PAAP 12)
The City should esta.blish departmental service needs prior to major anne�tions
through a fiscal impact analysis. As revenues from ea.ch area are collected, increase
City services to maintain current Citywide levels of service. (PAAP 14)
Provide newly annexed areas with the same level of service enjoyed by areas inside
Federal Way, while maintaining cunent Citywide service levels. (PAA15)
10. FINDINGS
The following are findings for approval of the proposed anne�tion.
(1) RCW 35A.14.010 authorizes the City of Federal Way to annex any portion of a county not
incorporated as part of a city or town but lying contiguous to the City.
(2) On May 5,1999, John Elley filed a Notice of Intention to Petition for Annexation to the City
of Federal Way, for certain real property lying contiguous to the northeast boundary of the
City of Federal Way, signed by the owner(s) of not less than ten percent of the assessed value
of the property within the annexation area, as certified by the Federal Way City Clerk.
(3) On June 8, 1999, the City Council authorized the prepaxation of a Petition for Anne�cation and
required the annexation area to assume a pro-rata share of the City's indebtedness.
(4) On September 16, 1999, the City received a petition from John Elley, signed by owner(s) of
not less than 60 percent of the assessed value of properiy within the anne�ca,tion area, as
certified by the City Clerk, to annex the subject property.
-a-
Sta, f,�'Report to the City Council
File No. ANN99-0001
November 16, 1999
(5) The proposed annexation area is located within the City of Federal Way's adopted Potential
Annexation Area (PAA), consistent with Federal Way Comprehensive Plan (FWCP) policies
related to annexation.
(6) The subject property was previously given pre-annexation wning and comprehensive plan
designations of Multifamily Residential, and RM-3600, respectively, subject to an approved
development agreement.
(7) The subject property is located in an area where adequate urban services can be effectively
provided by the City of Federal Way, consistent with the Federal Way Comprehensive Plan
(FWCP, Growth Management Act (RCW 36.70A.110) and King County Countywide
Planning Policies relating to PAA's and urban growth areas.
(8) Annexation of the subject property by the City of Federal Way is not anticipated to result in
an adverse financial burden to the City.
(9) Annexation of the subject properry by the City of Federal Way has been processed in
accordance with a11 state and local statutory requirements, and it will promote the health,
safety, and welfare of the citizens of Federal Way.
(10) Future development will be subject to all applicable City codes, policies, regulations, and
agreements, which will ensure compatibility with existing and planned land uses.
11. STAFF RECOMMENDATION
After consideration of the staff report and recommendation, and at the conclusion of the November 16,
1999, public hearing, if the City Council finds that the proposed annexation is in the best interest and
general welfare of the City, the City Council may take the following action:
(1) Accept the 60 percent petition by resolution and direct staffto submit a Notice of Intention
to Annex to the King County Boundary Review Board, and
(2) Move the ordinance approving the annexaxion, subject to clearance to second reading.
Pursuant to the requirements of FWCC Article III, Annezation, staff recommends that the City
Council accept the 60 percent petition by resolution; direct staff to file a Notice of Intention to
Annez to the King County Boundary Review Board; and move the ordinance approving the
annexation to second reading, with effective date subject to clearance by the King County
Boundary Review Board.
Da1e report prepared: November 9.1999
-9-
1
i
PETITION FOR ANNEXATION TO THE
CITY OF FEDE�21�I. WAY, WASHINGTON
TO: THE HONORABLE MAYOR AND CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON
33530 15T WAY SOUTEi
FEDERAL WAY, WASHINGTON 98003
s:' 7
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We, the undersigned, being tl owners of not less than sixty percent
(60�5) in value oi the real ��roperty herein described and lying contiguous to
Lhe City of Fe�era]. 47�v �'�.:�1 do herebV petition that sucr territory �z
annexed to and� made part o� the City of Federal Way under the provisions of RCPJ
35A.14.120, et sea., and any ametldments thereto, of the State of Washington.
The territory proposed to be annexed is within King County; Washington;
the legal description o� which ter�itory is se� forth in E�:hibit "A", attacned
hereto and made part hereof; and the boundary map c; which territory is szt
forth in Exhibit "B", attached hereto and made part hereof.
The City Council of the City of Federal Way met with the initia�ing
parties at a regularly schedLled meeting on June 15, 1999, and did deter�ine
that the City would accept the petitioner`s I��ot?ce of Intention to Petition,
with boundaries as proposed by the petitior.er. At said meeting the City
Council did also dece? as disclosed by the minutes entry regarding the same
in the minutes of tne council meeting of July 15, 1999, that the area proposed
to be annexed City c•:ould be required to assume its pro rata portion of exis�ing
city indebtedness, if such area is annexed to the City.
WHEREFORE, the und2rsigned petition the City Council and request:
(a) The approp�_ate ac�ion be taken to entertain•this petition, fi:;:�q
a date �b_ a�ub'_ic h�aring, causing notice to be published and
posteci, spec�iying the �ime and place oi such hear�ng, and invi;.inc
al1 pzrsons •�.nteres�ed �o appear and voice approval or disapprev�l
of such ann�::atior.; and
(b) That :ollo;aing suc:�. heari.ng, and pending approval of the Bour.darv
Revieta Boarc, the City Council deter�ine by ordinance that sLCn
annexa�ion sna11 e� made, annexing tne above described ter?
and declari�cr the date whereon such annexation shall be eifec��c-e;
and the p�operty so annexed shall become a part of the Citv o�
Eederal �7a_y, subjec� "to its laws and ordinances then and therea=�.:er
in forc�.
The petitioner subscri�ing he�eto agrees that all prop�rty within the te�ri�ory
hereby sought to be a�::�xed snall be assessed and taxed at the same rate and
on the same basis as c��er property within the City of Federal Way, including
assessments or tati�s in payment oi,any bonds issued c�r debts contracted p�_or
to or existing �t ��e date of the annexation; and a�k�esw]..ed�e� a�-,�Re
i"��.5�i{ I�'ji'.� �•u5t• i,, �ti
terri'tory hereby soLq�� to be anne::ed has been previously'plann�cl`''and zoriea oy
the City of Feae=a? ::=v, as estabiished on official comprenensive ,p ��d
zoning maps as ado��te� b}� tl Ci��.- o� Federal Way.
fXHIBIT
�'�►��,�01�
WARNING
EVERY PERSON WHO SIGNS THIS PETITION WITH ANy OTHER THAN HIS/HER TRUE NAI��
OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION
WHEN HE/SHE IS NOT A FtEGISTERED VOTER, OR SIGNS A PETITION WHEN HE/SHE IS
OTHERWISE NOT QUA.LIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT,
SHALL BE GUTLTY OF A MISDEMEANOR_
I 1
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OWNER'S SIGNATURE
FRINTED NAME
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ADDRESS DATE SIGNED
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ANNEXATION DESCRIPTION
QUADRANT RES NORTH, TRACT 17 PA.RCEL
THAT PORTION OF OF LOT 17, MIDWAY SUBURBAi\T TRACTS, ACCORDTNG TO THE
PLAT THEP.EOF, RECORDED IN VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY,
VI�ASHINGTON, LYNG SOUTHERLY OF THE SOUTHEASTERLY MARG�N OF THE
BONNEVILLL- PO��TER ADMINISTRATION'S TRAI�TS?�IISSIOI�i LII�TE RIGH'T OF WAY,
200 FEET 1N WIDTH, FOR COVINGTON-TACOMA TRANSMISSIO\i LINES I�TOS. 1 AND
2, AS SAID RIGHT OF WAY EXISTED PRIOR TO NOVEMBER 29, 19�8.
DESCRIl'TION BY VdB;H PACIFIC, INC.
�2�
ROBERT E. V4lALLIS: P.L.S. 18102
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DATE
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Tract 17
P roposed
Annexation
(STR:SW102104)
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Annexation Area
Map
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Proposed Annexation
Area
Scale:l to 5400
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CITY OF FEDERAL WAY
POTENTIAL ANNEXATION AREA BOUNDARIES
CITY OF
E�
��"�j�� 33530 1 ST WAY SOUTH
(253) 661-4000
fEDERAL WAY, WA 98003-6210
CERTIEICATION OF PETITION FOR ANNEXA.TION
I, N. Christine Green, City C(erk of the City of Federal Way, Washington, do hereby certify that
on September 23, 1999, I received a sixty (60%) percent Petition for Annexation, and
attachments thereto, from John R Elley, which documents are attached hereto as "Exhibit 1". I
then proceeded to make a determination on the signature submitted thereon.
The petition contains the sole signature of John R. Elley. The value is not less than si�ty (60%)
percent of the value of the property in the annexation area as a whole, according to the assessed
valuation for general taaation of the property for which annexation is sought.
The signature submitted on the Petition for Annexation represents an assessed valuation of
$40,600.00, wluch constitutes one hundred (100%) percent of the total area, and exceeds the
required sixty (60%) percent.
IGNED and S A�D this 14th day of October, 1999.
i�T. Christine Green, CMC
City Cierk
City of Federal «'ay, Washington
arrnex. q:�ad17
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Tract 17
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P roposed
Annexation
R-18
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R-18
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Existing
Federal Way
Zoning Map
Le9end:
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Propo�d Annexation
R-ia Area
(KC)
(KC) Zpning Boundary
ST.
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R-4
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After recording, return to:
Federal Way City Attorney's Office
33530 lst Way S.
Eedera( Way, WA 98003
DEVELOPMENT AGREEMENT BETWEEN
o
CITY OF FEDERAL WAY, WEYERHAEUSER CORPORATIQN
AND FEDERAL WAY FIRE DISTRICT NO. 39
This Agreement, made and entered into this 15 day of D 1998, by and between the
Weyerhaeuser Corporation, a Washington corporation ("Weyerhaeuser"), and Federal Way Fire
District No. 39 ("District"), on the one hand, and the City of Federal Way, Washington, a
municipal corporation ("City"), on the other (collectively "the parties").
RECI'I'ALS
A. Weyerhaeuser is the owner of certain undeveloped real property ("Weyerhaeuser
Property") located within King County but within the Potential Annexation Area of the City of
Federa). Way. The Weyerhaeuser Property located north of and adjacent to S. 320th Street and
is specifically described in Exhibit "A" attached hereto and incorporated herein.
B. The District is the owner of certain real property ("District Property") located in
King County and within the Potential Annexation Area of the City of Federal Way. The District
Property, currently developed with a fire station, is legally described as the south 250 feet of
Tract 7, Midway Suburban Tracts, according to the plat thereof recorded in Volume 38 of Plats,
Page 40 in King County, Washington. The'District Property is also included within the legal
description contained in Eachibit A, attached hereto and incorporated herein.
C. Weyerhaeuser and the District have requested that the City of Federal Way annex
the Weyerhaeuser and District Property, and have submitted a petition requesting the same signed
by the owners of more than 60% of the assessed value of the two Pmperties (60% Petition).
D. The Ciry's willingness to accept the 60% Petition, and to submit a Notice of
Intention to Anaex the Property to the Washington State Boundary Review Board for- King
County, is conditioned upon limitations on density of development or redevelopment of the
Weyerhaeuser and District Property necessary to protect the public health, safety and welfare.
E. The City has authority under RCW 36.70B.170-.210 to enter into a development
agreement as part of a proposed annexation, to set development standards to govem development
and use of the prope'rty to be annexed. The City also has authority under RCW 39.34 to enter
into an interlocal agreement with another governmental entity.
NOW, THEREFORE, for and in consideration of the Ciry's aeceptance e 50%
petition, the parties agree as follows: �,i�J������
�:E�
�Q��
m
Development Agreement
City of Federal Way, Fire District and Weyerhaeuser Corporation S. 320th Property
Page 2
1. Development of VVeyerhaeuser Propertv. Weyerhaeuser covenants and agrees
that, regardless of the density or uses available under the zoning designation applicable to
Weyerhaeuser Property, Weyerhaeuser will limit any development of the Weyerhaeuser Property
to no more than 82 dwellin� units, at a density no greater than 6 units per gross acre, calculated
prior to deduction of areas required for public street right-of-way. Weyerhaeuser further
covenants and agrees that the•principal use of any development will be detached single-family
dwelling units (either as fee simple or condominiums), and that, if condominiums, the declaration
of condominium executed and recorded under RCW 64.34.216(n) will include the requirement
that, for a period of one year following the initial sale of each individual dwelling unit, that unit
may be occupied only by the unit owner(s) of record and/or their immediate family, if any. In
the event that development of up to 82 detached single-family dwelling units is not feasible, by
reason of topography or application of Federal Way City Code requirements or other applicable
regulations, the principal use of development may be, if allowed by applicable code provisions,
up to 106 attached single-family dwelling units, constructed as townhomes and owned as
condominiums, at a density no greater than b units per gross acre and calculated prior to deduction
of areas required for public street right-of-way. For purposes of this agreement, "townhome"
means a series of single-family dwelling units constructed in a row no greater than 120 feet in
length, where: (a) each unit has its own front entrance to the outside; (b) no unit is located over
or under another unit; and (c) each unit is separated from any other adjacent unit by one or more
vertical, common, fire-resistant walls. For purposes of this agreement, "condominium" shall have
the meaning set forth in RCW 64.34.020(9).
2. Redevelopment of District Propertv. The District covenants and agrees that the
principal use of the District Property will be for a fire station. If the District or its heirs,
successors or assigns deternune to change the principal use of the District Property to a residential
use, regardless of the density or uses available under the applicable zoning designation any
redevelopment of the District Property will be limited to a density no greater than 6 units per
gross acre, calculated prior to deduction of azeas required for public street right-of-way.� The
District further covenants and agrees that the principal use of any development will be either
detached single family dwellings or attached single-family condominium townhomes.
3. BPA Trail Connection. Weyerhaeuser covenants and agrees that any development
of its portion of the Property will not interfere with or prevent an extension of a pedestrian/bike
trail over the BPA easements of record over the Weyerhaeuser Property.
4. Implementation of Agreement.
4.1. Timing of Annexation. Followingexecutionof this Development Agreement,
adoption of Comprehensive Plan and zoning designations for the Weyerhaeuser and District
Properties, and the City's acceptance of the 60% Petition, the City will submit to the Wa gton
�T State Boundary Review Board for Kin Coun "BRB" a o x 6he
g tY
F
m
Development Agreement
City of Federal Way, Fire District and Weyerhaeuser Corporation S. 320th Property
Page 3
Weyerhaeuser and District Properties. If BRB review is not invoked or, in the alternative, if BRB
review is invoked but the BRB approves the annexation, the City shall lawfully adopt an ordinance
annexing the Weyerhaeuser and District Properties. The City may, in the alternative, upon
approval of the 60 Petition, simultaneously adopt an ordinance annexing the Properties effective
upon passage of forty-five (45) days or, if BRB jurisdiction is invoked, issuance of a BRB
decision approving the annexation.
4.2 Vesting. The City of Federal Way acknowledges that Weyerhaeuser would
have the right, prior to the effective date of annexation, to apply to King County for approval of
development on the Weyerhaeuser Property. The City of Federal Way and Weyerhaeuser agree
that, in lieu ofbut not in addition to making such application to King County, Weyerliaeuser may
apply to Federal Way, which shall process any such application according to the provisions of this
Agreement and the Federal Way City Code provisions in effect as of the date Federal Way deems
Weyerhaeuser's application complete. Federal Way shall be entided to recover all costs incurred
in such processing. Federal Way's agreement in this Paragraph is subject to the written
concurrence of King County. In the event that Weyerhaeuser applies to the City of Federal Way
pursuant to this Paragraph, Weyerhaeuser waives and releases and agrees not to assert against the
City any and all vested rights it might otherwise have obtained under the King Counry Code,
including zoning and/or development regulations contained therein, had Weyerhaeuser applied to
King County prior to the effective date of annexation.
5. General Provisions.
5.1. Binding on Successors; Covenant to Run With Land. This Agr�ment is intended
to protect the value of the Weyerhaeuser and District Property, as well as. the public health,
safety, and welfare of the City of Federal Way, and the benefits and burdens inuring to the
Weyerhaeuser and District Property and to the City from this Agreement shall run with the land
and shall be binding upon the District and Weyerhaeuser, and their heirs, successors, and assigns,
and upon the City of Federal Way.
5.2. Governing Law. This Agreement shall be govemed by and interpreted in
accordance with the laws of the State of Washington. Venue for any action to enforce the terms
of this Agreement shall be in King County Superior Court.
5.3 Recordi.ng. This Agreement shall be recorded against the District and
Weyerhaeuser Properties.
5.4. Severability. The provisions of this Agreement are separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of
the application thereof to any person or circumstance, shall not affect the validity of the r inder
of this Agreement, or the validity of its application to other per s
�AG� 4�'
'4�
Development Agreement
City of Federal Way, Fire District and Weyerhaeuser Corporation S. 320th Property
Page 4
5.5 Authority. The City, the District, and Weyerhaeuser each represent and warrant
to the others that it has the respective power and authority, and is duly authorized to execute and
deliver this Agreement. Weyerhaeuser and the District represent and warrant that they are the
fee owners or contract purchasers and have authority to agree to the covenants contained herein.
5.6 Term of Agreement. This Agreement shall remain in full force and effect unless
amended or terminated by the mutual agreement of the parties.
5.7 Amendment. This Agreement may be modified only by a written instrument duly
executed by all parties; provided, however, notwithstanding any provisions of this Agreement to
the contrary, the City of Federal Way may, without the agreement of the District or
Weyerhaeuser, adopt and impose upon the District and Weyerhaeuser Properties restrictions and
development regulations different than those set forth herein, if required by a serious threat to
public health and safety.
5.8 Exhibits A and B attached hereto are incorporated herein by this reference as if
fully set forth.
5.9 Headings. The headings in this Agreement are inserted for reference only and
shall not be construed to expand, limit or otherwise modify the terms and conditions of this
A�reement.
5.10 Integration. This Agreement and its exhibits represent the entire agreement of the
parties with respect to the subject matter hereof. There are no other agreements, oral or written,
except as expressly set forth herein.
5.11 Indemnification. Weyerhaeuser and the District release and agree to defend,
indemnify, and hold hamiless the City and all of its elected and appointed officials, and its
employees and agents, from all liability, claims, appeals, and costs, including the costs of defense
of any claim or appeal, arising in connection with the annexation of the Weyerhaeuser and District
Property andlor this Agreement, except to the extent any liability, claim, appeal or cost results
from the sole negligence of the Ciry or its officers, agents, or employees in performance. of this
Agreement.
5.12 Enforcement. In the event Weyerhaeuser or the District fail to satisfy any of their
obligations under this Agreement, the City shall have the right to enforce this Agreement at both
law and equity, including but not limited to enf.orcing this Agreement under the enforcement
provisions of the Federal Way City Code in effect at the time of any breach. Damages are not
an adequate remedy for breach. In addition, Weyerhaeuser or the District's failure t tisfy any
of their obligations in this Agreement shall constitute a breach������ a grounds
for termination of this Agreement by the City.
C
C�
Development Agreement
City of Federal Way, Fire District and Weyerhaeuser Corporation S. 320th Property
Page 5
5.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict
or limit the police powers of the City granted by the Washington State Constitution or by general
law. This Agreement is an exercise of the City's police powers and the authority granted under
RCW 35A.14.330, RCW 36.70B.170-.210, and RCW 39.34.
5.14 Effective Date. This Agreement shall be effective on the effective date of the
City's Ordinance approving this Agreement, and the execution of this Agreement by duly
authorized representatives of each party.
5.15 Additional Annexation If Weyerhaeuser petitions for annexation of that
property legally described as Parcel C in Exhibit B hereto and abutting the Weyerhaeuser Property
described in Exhibit A, and Parcei C is thereafter annexed by the City, development of Patcel C
shall be subject to and governed by the terms of this Agreement, unless the City and
Weyerhaeuser amend ttus Agreement to provide otherwise.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day
and year indicated.
FEDERAL WAY FIRE DISTRICT NO. 39
C�
i�
CITY OF FEDERAL WAY
i
Kenneth E. Nyberg
City Manager
Date:
Approved as to Form
for Federal Way Fire District No. 39
ATTEST: This day of
1998.
Clerk
Date:
Approved as to Form
for City of Federal Way
o P�
City Attorney, Londi K. Lindell
ATTEST: This day of
1998.
N. Christi
Federal W l c
O I�..r...�....-..
C�
Development Agreement
City of Federal Way, Fire District and Weyerhaeuser Corporation S. 320th Property
Page 6
Weyerhaeuser CORPORATION
Its:
Date:
Approved as to form for Weyerhaeuser Corporation
K:1cd\quadagrm1.023
10-23-98
1�EI��R11'
�A�� �F
4.
12 8 PACIFIC
PARCEL A:
g
�Q� g 2/ 3 ;ts,:
ASINEXATION DESCRIPTION
QUADRANT RES NORTH
TRACTS 1 THROUGH 7, AND THAT PORTION OF TRACT 18 LYING SOUTH OF THE
BONNEVILLE POWER 61DMINISTRATION RIGHT-OF-WAY, AS ESTABLISHED BY
EASEMENT RECORDED UNDER RECORDING NUMBER 3347081,1V�WAY
SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED TN
VOLUME 38 OF PLATS, PAGE 40, IlV KING COUNTY, WASHINGTON;
E?CCEPT THAT PORTION OF 'I'RACTS 1 ANll 2 CONVEYED TO THE STATE OF
WASH]NGTON BY DEED 1ZECORDED UNDER RECORDING NUMBER 4998517; AND
EXCEPT THE SOUTH 40 FEET OF TRACT 3 CONVEYED TO T� STATE OF
WASHINGTON BY DEED RECORDED UNDER RECORDING NUM�3ER 4998539; AND
EXCEPT THE SOUTH 40 FEET OF TRACT 4, AS CONDEMNID UNDER KING
COUNfY SUPERIOR COURT CAUSE NUMBER 534586; AND
EXCEPT THE SOUTH 40 FEET OF THE WEST 100 FEET OF TRACT 5 CONVEYED TO
THE STATE OF WA,SHINGTON BY DEED RECORDED UNDER RECORDING
NUMBER
4998520.
PARCEL B:
ALL THAT PORTION OF THE SOUTH 320� STREET RIGHT-OF-WAY IN SECTIONS
9,10,15 AND I6, �TOWNSHII' 21 NORTH, RANGE 4 EAST VY.M., KING COUNTY
WASHII�iGTON, DESCRIBED AS FOLLOWS;
THAT PORTION OF TI� SOUTH 320� STREET RIGHT-OF-WAY LYIl�1G EAST.OF
AND ADJOING TO THE C;URRENT EAST BOLJNDARY OF THE GTI'Y OF FEDERAL
WAY AND WEST OF TI� FOLLOWING DESCRIBED LINE;
BEGINNING AT TI� INTERSECTION OF THE EAST L1NE OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 WITH THE-
SOUTH LINE OF THE 320 STREET RIGHT-OF-WAY, S�D-iNTERSECTION BEING
FURTHER DESCRIBED A,S LYING ON TI� CL1�tRENT BOUNDARY OF THE CITY
OF FEDERAI. WAY;
THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE SOUTHWEST
CORNER OF THE SOUT��AST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 10;
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Sta�Report to the City Counci!
File No. A1VN98-0001
November 17, 1998
IX. COSTS AND REVENUES TO THE Cf1Y ASSOCIATED W(TH THE ANNEXATION
A. /NTRODUGT/ON
The financial impact to the City of Federal Way of the proposed annexation and
development, projected over a six year evaluation period (1999-2004), is described
in the following paragraphs and tables.
Paragraph B describes the development scenario that was used as a basis foc the fiscal
analysis, and for estimating revenues such as buitding permit fees, property taxes, and
real estate excise tax. Paragraph C shows post-development" operating revenues,
and paragraph D shows operating expenditures. Pazagraph E summarizes the analysis.
Tables 1 and 2 are located at the end of Section IX. Table 1(Effect of the
Annexation on Growth I�ariables) applies the development scenario (in paragraph B)
to key growth variabies such as population and assessed valuation. Table 2�
(Operating Revenues and Expenditures) shows anticipated operating revenues,
expenditures, and annual net financial impact of the annexation, based on the growth
variables (shown on Table 1) and related assumptions (shown on Table 2).
B. DEVELOPMENT SCENAR/O USED AS A BAS/S FOR ANALYSIS
As currently proposed by the applicant (Weyerhaeuser Company), 82 condominium
Devclopmcnt scrnario assumcs no change in use or rcdcvclormcnt of thc c�isting fire slalio� faci►'
a As nolcd prcviously and show� as Exhibit F, a prclimi�ary proposal for an 82-unil dctachcd cond i ro
Ihc applicant..
-10-
StajjReport to �he Ciry Co��
I'ile No. ANN98-0001
November 7, 1998
units viili be buiit over three or fo�r years, with approximately half of the new units
seiling as they are bui(t. From this information a construction and sales scenario was
estimated #'or purposes of analysis.
Figure l, below, shows the projected rate of construction and sales of the
condominium units over a four-yea.r period, 1999-2002. Construction phasing was
anticipated to oce,ur at a rate of 30% in 1999, 60% in 2000, 90% in 2001, and 100%
buildout in 2002. Annual sales of new units was estimated at a rate of about 50% per
yeac, except in 2002, when 100°/a of the remaining units that are built are also
assumed to be sold. The sales figures for each year also assume that all units built but
not sold in a given year will be sold the following year. For example, in 2000, 24 new
units are built and 12 (about hal fl of those are sold, with 12 units carried over (24
built-12 sold =12) and assumed sold in 2001.
F/GURE
EST7'MATED CONSTRUC770N AND SALES ACT1V/7Y 999-Z002
tR�AG"T14�fFY I s99 2007f� 2O0
NEW UNfTS BUILT
NEW UNfTS SOLD
LAST YEAR'S UNfrS SOLD
(NE�l1/ UNITS NOT SOLO FROM
PREVIOUS YEAR)
(NEW UNfTS NOT SOL�)
TOTAL UNITS SOLD
�Q02'
8
6
13
(0)
21
:.;v.:>;
cun�t��nv�,acnvm- sss :z000 zoo i 2ooz
TOTAL UNfTS BUILT 25 49 74 62
TOTAL UNffS SOLD I 2 37 6 I 62
C. REVENUES ANT/C/PATED FROM THE ANNEXA770N AREA
Refer to Tab(e 2, Opera[ing Revem�es, for estimated fiscal impacts to the City
associated with the various revenues described below.
�XHIBI
RAC E OF���
25
12
U
1 3)
12
Z4
12
13
I 2)
25
Z5
12
IZ
I 3)
24
StafjReport to the City Counci!
Fi1e No. ANN9g-0001
Nvvember 1 i, l998
(1) Property Tax: The i997 assessed valuation (A� of the annexation area" is
$4,196,733,000. It is estimated that the City will receive 0.16 percent of the
assessed valuation as property tax, or $1.528 per $1,000 of AV, with a
PraJ�ted gc'owth rate of 1.035 per year. Properly tax revenues anticipated to
be generated over the six-year study period aze shown on Table 2.
(2) Sales Taz: No sales tax revenues within the annexation area are anticipated.
(3) Recrl Estate Excise Tax (REE7) Real estate excise tax will be collected by
TGnB County and distributed to the City as individual condominium units aze
sotd. It should be noted that a residentiai resale rate of five to seven years is
expected, generating some ongoing REET revenues over time. However, no
ongoing REET revenues were factored into the six-year analysis.
(4) Uhlity Tcr�°: Utiliry taxes to be generated by the condominium units,
assuming full occupancy in the year 2002, are shown on Table 2.
(5) Permit.Fees�: Building permit fees will be collected by the City as building
pennits are issued throughout the project's'construction phase. Table 2 shows
anticipated building permit revenues'� associated with this development
scenario, using an estimated average per-unit pernut fee of $1,410.
State Shared Revenues: State shared revenues (gasoline tax, motor vehicle
excise tax, liquor board profits, criminal justice ta� and liquor excise ta�c, etc.)
are distributed to cities on the basis of population. Projected revenues based
on population forecasts for the condominiums are shown on Table 2.
19 �B ���ion of all land within t}�e annexation area and the improvemrnfs on the fire disUid paral.
RF.ET and u61ity tex rovenues must be spent solely on capital projects (or associated debt service) contained in the City's
Capital Facilities Pian (CFP).
zt Pa applicant and induslry standard
u Building pamit revqwe only. Miscellaneous developmrnt fea including land use permils and rngineering plattt revicw are nol
�xpxted to b�'significant and were �ot p�ojeded,
23
Pr'ojacted Building pennit foa were baud on the City's current permit fee schedule, and the putrntial fee increase curttently uadex
review by the City Council was not fadorcd in.
24 B �ing fee slructurc.
ZS A popu�ation factor of 2.0 persons per dwelling unit wac uscd Cor �hc condominium projcM {per OFM fo�ccasls).
EXH
PAC
StaffReport to Ihe City Counci!
File No. �'98-0001
November 17, 1998
(7) Frcmchise Fees: Franchise fees are collected by the City from cable users, as
shown on Tables 1& 2.
(8) Surface WaterMcmagement (SWt1� Fees: SWM fees are calculated based on
impervious surface and assessed annually to individual dwelling units.
Estimated SWM fees are shown on Table 2.
D. OPER.4TJNG EXPENO/TURES ANT/C/PATED AS A RESULT OF ANNEXATJON
Refer to Table 2, Operating Expenditures, for estimated fiscal impacts to the City
associated with the various expenditures described betow.
(1) Transportation (streets and iraffic control facilities): As a result of the
annexatioq the City will acquire approximately 1.9 additionai lane miles of
South 320th Street_ The City will also acquire about 1,4001ane feet of right-
of-way as a result of the proposed extension of Weyerhaeuser Way South
through the project as part of development.
South 320th Street improvements presently include four to five lanes of
pavement, street lights on the south side only, and no sidewalks or street trees
on either side. South 320th Street was resurfaced by King County in 1996,
and City traffic analysts anticipate that no additional overlay will be required
until the year 2010.
Ongoing annual street maintenance costs are estimated based on a per-lane-
mile cost for traffic signal maintenance, street light maintenance, electricity,
shoulder restoration, patching, street channelization, and signage. The total
annual estimated maintenance costs for the right-of-way associated with
annexation and development are shown on Table 2.
The City's traffic division noted that the traffic signal at 320th Street and
Weyerhaeuser Way is substandard and will have to be replaced by the City at
some point at an estimated cost of $350,000 (in today's doilars).
However, the City is cunently reviewing development proposals that affect
all four corners of this intersection. Through these development review
z6 �e mil� (or In� feet) atimata total improved street arca, baceC on tha lrng�h tim� the widlh. of cxisling and/or proposed sue�ts.
27 700 linear feet times 2 lancs=1,400 lane Ccct_
28 'It�e City tta!'[ic division cstimala Ihis tra(Tic signal wiU requirc replaccment in Cour to six years, dcpcading on traPfic inacascs bucd on
anlicipated V�c incTeasu in this area and irrespective of adjacent new devclopmcnl
_�3_ EXH�BO 1
F�AGE OF,
StajfReport to the City Councrl
File No. ANN98-0001
November 17, 1998
processes, it is likely that the developer will bear some or all of the
responsibility for upgrade or replacement of the substandard signal.
In summary, maintenance and potentia! capital costs will accrue to the City as
a result of annexing this segment of South 320th Street. However, since the
property is iocated in the City's Potential Annexation Area (pAA), it wi�l
eventually be annexed anyway_ Annexation at the present time will secure the
City's control over right-of-way improvements associated with current
development in the area. Otherwise, street improvements could be built to
KinB County standards, and eventually `5nhe.rited" by the City, along with any
service deficiencies, at such future time that the property is annexed.
(2) Police Services: The impact of annexation and development on the public
safety department would be the increase in population and area to patrol.
The City's Public Safety Department has indicated that �site development will
primarily affect Patrol District #4, and the impact to polices services is
expected to be minimal. Table 2 provides the estimated financial impact to
police services resulting from the increased population.
(3) Parks and Recreation: The City of Federal Way's 1995 Parks, Recreation,
and Open Space Plan utilizes a Level of Service (LOS) standard of 10.9 acres
of public parks and open space per 1,000 popuiation_ Additionalty, the Parks
Plan seeks to ensure that every neighborhood in the City is served by a park
within a one-half mile radius. Currently, the City owns 818 acres of park land,
or 10.65�' acres of park land per 1,000. Also, no neighborhood parks are
located within a one-half mi(e radius of the annexation area. However, as
shown on table 2, the development-related impact to the existing Parks LOS
is not expected to be significant Additionally, as discussed in VIII. E.,
above, parks-related impacts are expected to be minimized by on site open
space and recreational opportunities, as required by the City's zoning and
subdivision code requirements.
(4) Municipal Court Services, Civil Lega1 Service, Commz�nity Development
Administrative Services: Operating expenses associated with these services
are based on population and an established formula used by the City of
Federal Way Management Services, and are shown on Table 2.
Roundcd to �carest hundredth Gom L0.648, as shown on Tablc 2.
Based on the Parks [AS of I0.9 acra �r Ihousand population, 164 �x:rsons will grncratc ihc nc�d for an adJitional 1.8 acres of parks,
which is expecled to be addnssed by providing comparable on sitc opcn spacc and recTCation opportuniti�s on sitc.
.,4_ EX1-�0���.�
PAG E..,�,.. C� F,
StafJ`'Report to the Ciiy Counci!
File No. ANN98-0001
November 17, 1998
(5) Surf'ace WaterMa�ragement (SWM): The City's SWM maintenance costs as
a result of the annexation and development of the subject property will be
addressed by the corresponding SWM fees that will be charged to residents
(see Table 2). Annual surface water maintenance within the City's rights-of-
way will include ditch cieaning, culvert maintenance, weeding, street
sweeping, and vacuu�et rodding. In addition, the SWM division indicated
that water quality retrofit to South 320th Street will be required in several
years. Therefore, a capital cost of approximately $20,000 to the City was
projected for the year 2003 (see Table 2). However, it should be noted that
the City's cost for this water quality retrofit woutd be limited to pre-
developed conditions in the right-of-way, since the site developer will be
responsible to provide water quality facilities for all new development-related
impervious surfaces.
TURN TO PAGE 16 (TABLE 1).
-�s-
�AG� oF
TABLE 9
EFFECT OF THE ANNEXATION AND DEVELOPMENT ON GROWTH VARIABLES
1999-2004
FEDERAL WAY AFTER ANNEXATION AND DEVELOPMENT
GROWTH VARIABLES (EXISTIN(3)
1999 2000 2001 2002 2003 2004
Populatior" 76,820 76,844 76,895 76,945 76,984 76,984 76,984
Assessed Valuation 4,196,733 4,203,605 4,206,567 4,209,821 4,211,171 4,211,171 4,211,171
(in 000's)
Housing Units 30,724 30,735 30,761 30,786 30,806 30,806 30,806
Cable Users"* 29,787 29,810 29,831 29,854 29,861 •29,861 29,861
Lane Miles"' 666 668.2 668.2 668.2 668.2 668.2 668.2
Traffic Signals 48 49 49 49 49 49 49
Parks Level of Service 10.648 10.644 10,637 10.630 10.625 10.625 10.625
LOS
'Official population as of 4/1/98 per the Office of Financial Management (OFM).
"Assumes 90% of households are cabie use�s.
•"Estimated total length and width of streets in the clry.
��The Parks Plan LOS is10.9 acres per1,000 population, compared to the 10.648 existing LOS.'
m�
16-
0
�i
m
s
TABLE 2
Residential North
Operating Revenues 8 Expenditures
Rev/Cost 1999 2000 2001 2002 2003 2004 Growth
Per Unit ProJected Projected Projected Projected Projected Projected Rate
Operating Revenues
Property Tax' Assessed vaiue $2,289 $6,655 $11,104 $15,997 $17,97'9 $18,609 1.0351
Real Estate Excise Tax RE sales $9,000 $19,313 $19,892 $16,391 $0 $0
_._._.r
Building Permit F ees" Fee schedule $1,410 $35,250 $33,840 $35,250 $11,280 $0 $0
State-Shared Revenues y Population $67 $1,615 $4,981 $8,346 $10,972 $11,301 $11,640 1.030
Franchise Fees Cable-users $14 $317 $622 $939 $1,041 $1,041 $1,072 t.030
Utility Tax Housing units $149 $1,783 $5,498 $9,213 $12,184 $12,550 $12,926 1.030
SWM fees Lot coverage $150 $3,761 $7,371 $11,132 $12,335 $12,335 $12,335 1.000
Total Revenues
Operating Expenditures
Municipal CouR Services (Contract) Population $14
Civil Legal Servi Population $6
Community Development Population $31
Police �ervices••' r u Population FTE
Administrative Services"'•� Population $34
Street/Tra�c Systems An nual Costs
Surface Water Mgmt Annual Costs
Total Expendttures
Net Operating Revenue/Cost
Capital P�ojects
Surfa
Stree
SoHcl
Debt
$54,016 $78,280 $95,876 $80,200 $55,207 $56,583
$345 $1,062 $1,780
$150 $462 $774
$755 $2,329 $3,902
$2,042 $6,297 $10,552
$827 $2,550 $4,272
$15,850 $16,167 $16,490
$3,124 $3,187 $3,251
$2,340 $2,387
$1,018 $1,038
$5,130 $5,2
13,871 $14,260
$5,616 $5,728
16,820 $17,157
$2,435 1.020
$1,059 1.020
$5,337 1.020
$14,659 1.028
$5,843 1, 020
$17,500 1.020
$3,450 1.020
16
$23,093 $32,054 $41,021 $48,111 $49,184 $50,281
$30,923 $46,226 $54,855 $32,090 $6,023 $6,301
Assumes 1999 Adopted Levy Rate of $1.528 per $1,000 AV
Average per-unit fee
Assumes $65,000 (salary/benefits,M 8� O) costs per F'i E(Projected officers/1,000 population is 1,3)
:ludes Ciry Council, City Manager and Management Services departments
0
a
Total Capital Outlay $0 $0 $0 $0 $20,000 $0
Net Revenue/Cost $30,923 $46,226 $54,855 $32,090 ($13,977) $6,301
StafrReport to the City Council
File No. ANN98-0001
November 17, 1998
E. SClMYM.4RY OF COST ANALYS/S
s
Based on the estimated costs and revenues shown in Table 2, the 320th Street
annexation is expected to result in positive annual net revenues to the City over the
evaluation period, with the accep6on of the year 2003, as a result of the surface water
management capital expenditure projected for that year.
1999:
2000:
2001:
2002:
2003:
2004:
3Q,923
46,225
54,855
32,090
(13,97'n
6,301
EXHIBI
PAG� QF
�i