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Home My WebLink AboutITEM II-A-1AGENDA BILL APPROVAL FORM A.qenda Subject Date: Public Hearing on Heer Annexation (ANX03-0002) 7/1/2003 Department: Planning Attachments: Resolution No. 3618, Budget Impact: flow chart for annexation by resolution, Municipal Research Services Center Annexation Handbook excerpt, letter from Mr. Heer requesting annexation Administrative Recommendation: City Council to hold public hearing regarding ANX03-0002. Back.qround Summary: On June 16, 2003, City Council passed Resolution No. 3618 initiating annexation and rezoning of three parcels of land along Auburn Way North that are owned by David Heer. The three parcels total 57,836 square feet, or about 1.33 acres. Total assessed value of the property is $196,000. The property is currently uninhabited. The Council may annex territory by resolution when that territory is smaller than 100 acres in size and is bounded on more than 80% of its perimeter by existing city limits. Both criteria are met in this case. Should Council choose to proceed with annexation, the annexation will be submitted to the Boundary RevieW Board for a 45-day period and returned to the City for an annexation Ordinance. Following passage of an Ordinance, the annexation is open to protest for 45 days and then can be final. At annexation, Mr. Heer requests that his property be zoned C-3. This is in compliance with the underlying City of Auburn Comprehensive, Plan designation. In addition, the City will annex the intersection of Auburn Way North and 85 Avenue S. No action is required at this time. Resolution No. 3618 authorized submission of the annexation to the Boundary Review Board (BRB) following the public hearing. Final action on the annexation will proceed following the BRB review period. COUNCIL/ANX03-2 L0707-4 03.1 ANX03-0002 Reviewed by Council & Committees: Reviewed by Departments & Divisions: [] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O [] Airport [] Finance [] Cemetery [] Mayor [] Hearing Examiner [] Municipal Serv. [] Finance [] Parks [] Human Services [] Planning & CD [] Fire [] Planning [] Park Board []Public Works [] Legal [] Police [] Planning Comm. [] Other [] Public Works [] Human Resources Action: Committee Approval: []Yes []No Council Approval: []Yes []No Call for Public Hearing / /__ Referred to Until / / Tabled Until / / Councilmember: Borden Staff: Krauss Meeting Date: July 7, 2003 Item Number: II.A. 1 AUBUP, N, MORE THAN 'YOU IMAGINED PROPOSED ANNEXATION ?? T~[ z7 I ~L A Annexation Flow Chart (Ordinance Method) Resolution and Notice of Hearing · filing of notice of intent to annex · set public hearing date · notify property owners and residents · publicize public hearing minimum 14 days Public Hearing on Reso · two weeks' notice, published twice · comments from residents and property owners in area · submit to BRB for 45 day review minimum 15 days Council Action on Annexation · ordinance effective 45 or more days from passage · publish ordinance for two weeks No Referendum Filed · ordinance effective on published date · annexation effective on date stated in ordinance Referendum Passes · simple majority minimum 45 days Referendum Filed · petition must be signed by number of registered voters equaling 10% those who voted in last statewide election · election must be set no less than 45 days and no more than 90 days from date referendum is filed 45-90 days Referendum Fails · simple majority · annexation 'dead' VI. Annexation of Unincorporated Islands The annexation statutes provide for an abbreviated procedure to annex unincorporated islands or pockets of property within a city. When there is an unincorporated area (1) containing less than 100 acres of which at least 80 percent of the boundaries are contiguous to a code city or (2) of any size and having at least 80 percent of the boundaries contiguous to a code city if the area existed before June 30, 1994, is within the same county and urban growth area designated under RCW 36.70A. 1:~0, and the city was planning under the Growth Management Act as of June 30, 1994, the city council may initiate annexation proceedings by resolution. However, annexation by this method is potentially subject to a referendum election within the unincorporated territory. A. Contents of Resolution (RCW 35A. 14.295) A resolution for annexation of an unincorporated island must: 1. Describe the boundaries of the area to be annexed; 2. State the number of voters residing in the area as nearly as possible; and 3. Set a date for a public hearing on the resolution. B. Notice of Hearing (RCW 35A.14.295) Notice of the hearing on the annexation resolution is to be given by publication of the resolution at least once a week for two weeks prior to the date of the hearing, in one or more newspapers of general circulation within the city and in one or more newspapers of general circulation within the area to be annexed. However, it is likely that one newspaper would be generally circulated both within the city and in the area proposed for annexation. C. Hearing (RCW 35A.14.297) Residents and property owners of the area described in the resolution are to be afforded an opportunity to be heard. D. Adoption of Annexation Ordinance (RCW 35A. 14.297) After the hearing, the city council may by ordinance annex the territory described in the resolution, although it may be necessary to first obtain review board approval, as discussed below. The ordinance may also provide for the adoption of a proposed zoning regulation or for the assumption of indebtedness by the area to be annexed. The effective date of the annexation ordinance may not be less than 45 days after passage, to allow for the referendum period discussed below. E. Notice of Annexation (RCW 35A. 14.297) Notice of the proposed effective date of annexation, including a description of the property to be annexed, is to be published at least once a week for two weeks after the passage of the ordinance in one or more newspapers of general circulation within the city and within the area to be annexed. :If the annexation ordinance provides for adoption of a proposed zoning regulation or for the assumption of indebtedness, the notice must include a statement of these requirements. F. Review 4. Boundary Review Board Notice of intent to annex must also be filed with the boundary review board, if one has been established in the county. Since procedures can vary among counties, it is advisable to contact the appropriate review board for specific procedures. (See Chapter Eight, Section ]::I.) Boundary review board clearance is necessary before the annexation may be effective. 5. County Annexation Review Board for Code Cities Review by the county annexation review board for code cities is not necessary in counties without a boundary review board. RCW 35A.14.220. G. Referendum (RCW 35A.14.297, RCW 35A. 14.299) The annexation ordinance is subject to potential referendum for 45 days after passage. To initiate a referendum on the annexatiOn, a referendum petition must be signed by qualified electors in number equal to not less than ten percent of the votes cast in the last general state election in the area to be annexed. :If a timely and sufficient referendum petition is filed with the city council, the question of annexation is to be submitted to the voters. H. Election 6. Date of Election (RCW 35A.14.299, RCW 29.13.020) The date is to be at the next general election, if one is to be held within 90 days, or at a special election called not less than 45 days nor more than 90 days after the filing of the petition. See Section :I.H. of this chapter for special election dates. 7. Conduct of Election (RCW 35A.29.151) The election is to be held in compliance with general election law. 8. Notice of Election '(RCW 35A.14.299, RCW 35A.:L4.070) a. The notice must be posted for at least two weeks prior to the date of election in four public places within the area proposed to be annexed, and b. Published at least once a week for two weeks prior to the election in one or more newspapers of general circulation within the area proposed to beannexed. One publication must also be not more than ten nor less than three days prior to the election. c. The notice of election must: (1) Describe the boundaries of the area proposed to be annexed, (2) State the purpose of the election as stated in the resolution, (3) Require voters to cast ballots containing the words equivalent to: For annexation Against annexation or For annexation and adoption of proposed zoning regulation _ Against annexation and adoption of proposed zoning regulation _ ]:f assumption of indebtedness is proposed, the notice and ballot shall contain a separate proposition: For assumption of indebtedness _ Against assumption of indebtedness _ (4) Also contain the ballot title of measures to be voted upon at the election, the day and hours during which the polls will be open, and the address of each polling place in each precinct. RCW 35A.29.140. T. Approval of Annexation (RCW 35A.14.297, RCW 35A.14.299) ]:f clearance is received from the boundary review board (if any), and if no sufficient referendum petition is filed within 45 days from of passage of the annexation ordinance (excluding the date of passage), the annexation will be effective upon the date fixed in the ordinance. a sufficient petition is filed and an election held, the annexation will be decided by majority vote. 3. Notice of Annexation For information on the notice that should be given after the annexation becomes effective, see discussion in Section ]:.M. of this chapter. See also, RCW 35A.14.700. Annexations Not Subject to Review by the Board (RCW 35A. 14.220) 1. Annexations initiated by a 60 percent petition under RCW 35A.14.120, 2. Annexations of unincorporated islands under RCW 35A.14.295 and RCW 35A.14.297, 3. Annexations for municipal purposes under RCW 35A.14.300, and 4. Annexations of gifts, grants, or leases of federal land under RCW 35A.:L4.310 and RCW 35A.14.320 · Valley Auto Clinic, Inc. · 4725 Auburn Way N. · Auburn, WA 98002 . (253) 850- 1538 April 1, 2003 Mayor Peter B. Lewis 25 West Main Auburn, WA 98002 RE: REQUEST FOR ZONING CHANGES Dear Sir: I formally request the following parcels be annexed to the city of Auburn under C-3 zoning. Tax account # 936060017501 # 936060015208 and a map I have highlighted to assist you. Please feel f~ee to contact have any questions regarding my request. David Heer President Enclosures Cc Paul Kranss SEE REVERSE SIDE cCOUNT NUM E KEEP 936060-0152-08 52163'A THIS . ,% PORTION HEER DAVID K 180603 2320 SW 114TH ST SEATTLE WA 98146 State .......................... Local School Support CounW ....................... City .......................... Uninco~poratedlRoad Pore ........................... Fire ........................... Sewer &for Water ......... Library ........................ Other ........................ Eme~ge~'y Mad Svc. ..... * Other Charges ........... TOTAL CURRENT BILLING *0THLK (_HAKGE~ NOX WEED SWM ~uu.~ r,,,,.,~ ,., ........................ 1--- 23 7 RM 600 - 500 FOURTH AVE, SEAI-I'LE WA 98 04- 8 ~.. val ..................... 67, 615.76 175.44 226-84 33-66 173-94 70-94 18-12 31-39 108-50 1~831-18 Le~s: Exempt Value ....... 130 TAXABLE VALUE ......... 13' 25 ~.w~ ..................... 1,722 ~"~' ~"~ ................. 108 TOTAL CURRE~ BILU~ Omi~ed Taxes ~o~ cu~ .~u.o 1,831 677 1.50 SOIL CON 5 102.00 First half must be paid er postmarked t~, Ap~ 30, or FUU- AMOUNT BECOMES DEUNQIJENT and accrues WHITE RIVER VALLEY HOM] TRS 2ND interest and penalty as presc~'b~d by law. If first half paid by ~ 30 POR BEG AT NX'N OF S LN OF W A COX ~o,a~f,~,~byo=o~ D C & W LN SEC 31-22-5 THE 3~ =~b~--,d~d 426-57 FT TH N 02 DEG 03 MIN ace~terest~. 30 SEC E 1174.15 FT TH E TO ST RD ETC FULL A~OUNT MAY BE PROPERTY ADDRESS 28105 EAST VALLEY HW S PAIDAPPJL3Oth DEUNQUENT TOTAL F~OPERTY TAX, RPIO ccouN NUM. . KEEP 36060-0154-06 2S62A THiS HEER DAVID K 180603 2320 SW 114TH ST SEATTLE WA 98146 WHI' RIVER VALLEY HOME TRS 2ND 27 & N 120 FT OF 26 W OF ST RD LESS POR E & S OF LN BEG 197 FT W OF SE COR OF N 120 FT OF 26 TH N 02 DEG 03 MIN 30 SEC E 143 FT TH 2003 KING COUNTY, WA, REAl. ESTATE TAX RM 600 - 500 FOURTH AVE, SEATlq. E WA 98104-2387 298.41 85.01 109-93 16-32 84.30 State .......................... Local School Support ..... County City ........................... Unincorporated/Road Port .................... . Fire ........................... ' Sewer &/or Water Librar~ ........................ Other ....................... Emergeacy Med Svc * Other Charges LTOTAL CURRENT BILLING ,OTHER CHARGES NOX WEED 34.38 8.78 15.21 6.59 .841.43 i TAXA~E VALU~ ......... 13' 25 L~.~ ..................... 834 General Tax ................. 6 *Other Charges ............ ~ TOTAL CURRENT BILLING Omitted Taxes .............. TOTAL CURRENT BILLING ' 8 41 INCLUDING O~ITS ........ VOiER ~o~ovEo 32 B 1.59 SOIL CON ~ First hMf must be paid or postmarked by April 30, or FULL AMOUNT BECOMES DEUNO[RENT and acmes interest and penalty es pre~:~oed blt law. H F~rst half paid by Apnl 30 second half must be paid by October 31 or it becomes delimluent and accrues interest and penalty. ETC Fu,~ A~ou~ ~R~ SE PAID APRIL 30th MAIL WITH 2ND · : ..... ~'~::~' soo 500 FouR~ ~r IT BECOMES DELINQUENT AND ACCRUES ANNUAL': .': INTEREST AND PENAL~ Deli~ quent inClude PAL + + pENA~l ~ .FFE bAVID K 180603 d.e, Wl-l~I RF_I~RDI~D RETURN TO DAVID K. ~ 472S AUBURN WAY NORTH AUBURN, W~OTON E1929J.3 CoMMONWeALTH TITI. COMPANY /lllllllll!llllll 2. ; 2gooo28s6 fo~ and'in consideration of Tt~/~ DO--AND OTttER ~OOD AND VALU~m ~ CONSIDI~%TION in hand po_~ conveys and warrant, m "DAVW K. ~ A s~o~ ~ ~ ms S~,AT~ ~,STA~ tho following dc.scribed real estate situated in the Cram[7 of KING Tax~ount ~s): A TRAC~ OF ~ IN SECTION 31, TiYNN~IP 22 NORTH, RANGE 5 EAST, IN KING COUNTY, NASHI~. DESCRIBED AS FOIE23NS: COMMENCING AT THE INTERSECTION OF THE WRST LIN~OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. WITH THE 50LrrH LINE OF THE W.A. COX CLAIM; RUNNING THENCE EAST 426.57 FE~f TO THE EAST LINE OF THE COURTY ROAD; .THE~,CE NORTHERLY ~ THE EAST LINE OF THE COUNTY ROAD 1,426.24 FEET TO ~ POINT OF BE(;INNING; TITENCE EAST 130 FEET; THENCE NORTH 321.08 FEET; THENCE WESTERLY ALONG THE SOUTH LINE OF THE COUNTY ROAD 133.52 FEET TO THE PLACE OF BEGINNING; EXCEPT THAT PORTION LYING NORTHERLY OF THE ~y LINE OF AIIBURN ~IAY NORTH (STATE ROAD NO. 5) EXCEPT THAT PORTION CONI/EYED TO THE CITY OF AUBURN BY QUIT CLAIM DEED RECORDED UNDER RECORDING NUMBER 7911080793; (BEING KNOWN ~ PROTION OF TRACT 28, SECOND ADDITION TO WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO THE UNRECORDED PLAT THEREOF). ~L}~~0.~$ STATUTORY WARRANTY DEED I Datcch D~ 17, ~ ~ GRANTOR WNI]M P. SNY PHRSONAL RI~~ATIVE OFTI~IiEFATI~ OPWB~.t~-M I~L SNY. DESCRIPTION ORDER NO. 409424-8 THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF THE W. A. COX DONATION CLAIM IN TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING coUNTY, .:ASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE iNTERSECTION OF THE SOUTHERLY LINE OF SAID DONATION CLAIM WITH THE WESTERLY LIEN OF SECTION 31 IN SAID TOWNSHIP AND RANGE; THENCE EASTERLY ALONG SAID SOUTHERLY LINE 425.57 FEET; THENCE NORTH 2°03'30'' EAST 1174.15; THENCE EAST TO THE WESTERLY LINE OF STATE ROAD NO. 5 AND THE TRUE POINT OF BEGINNING; THENCE WEST 197.00 FEET; THENCE NORTH 2°03,30'' EAST 143.00 FEET; THENCE EAST 90 FEET, MORE OR LESS, TO THE WESTERLY LINE OF STATE ROAD NO. 5; THENCE SOUTHEASTERLY ALONG SAID WESTERLY LINE 180 FEET, MORE OK LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PROPERTY; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE THEREOF 26 FEET; THENCE SOUTHWESTERLY TO A POINT ON THE SOUTH LINE THEREOF WHICH IS 60 FEET WEST OF SAID SOUTHEAST CORNER; THENCE EAST 60 FEET TO THE POINT OF BEGINNING; (BEING KNOWN AS A PORTION OF TRACTS 26 AlqD 27 OF SECOND ADDITION TO WHITE RIVER VALLEY HOME TRACTS ACCORDING TO UNRECORDED PLAT THEREOF.) pARCEL B: 'THAT PORTION OF THE FOLLOWING DESCRIBED TRACT WHICH LIES WEST OF THE PRESENT PAVED STATE HIGHWAY, TO WIT; A TRACT OF LAND IN THE EAST HALF OF THE WILLIAM A. COX DONATION CLAIM IN TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M-, IN KING COUNTY, STATE OF WASHINGTON, BOUN-DEDANDDESCRIBED AS FOLLOWS, .TO WIT: ( CONTINUED ) Page 2 DESCRIPTION cONT. ORDER NO. 409424-8 INT OF iNTERSECTION OF THE EAST LINE OF coMMENCING Az THE PO ~ NORTH, RANGE 4 EASTL~'M'' IN KING N 36, TOWNSHIP ~2 OF T~m WILLIAM A- SECTIO ...... WITH THE SOUTH LINE cOUNTY, WASHIN~'ru~, COX DONATI-ON CLAIM; CLAIM 426.57 F~_,, ~'ST 1174 15 FEET TO A POINT WHICH IS ENCE NORTH 2 3 3u___~/~.~.~,~ ~ ~IS DESCRIPTION; THE Ti~o~ r 2° EAST 252 09 FEET; RuN THENCE NORTH 3'30" ' THENCE EAST 317.73 FEET TO THE WESTERLY LINE OF THE coUNTY ' THE couNTY ROAD; THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE OF ROAD 254.3 FEET, MORE OR LESS, TO A POINT WHICH IS EAST OF THE TRUE POINT OF BEGINNING; THENCE WEST 363.82 FEET, MORE OR LESS, TO THE TRUE POINT OF : BEGINNING; EXCEPT THE FOLLOWING DESCRIBED PORTION THEREOF, TO WIT THAT PORTION OF THE W.A. COX DONATION CLAIM IN TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE iNTERSECTION OF THE sOUTHERLY LINE OF SAID DONATION CLAIM WITH THE WESTERLY LINE OF SECTION 31 IN SAID TowNSHIP AND RAlqGE; THENCE EASTERLY ALONG SAID sOUTHERLY LINE 426.57 FEET; THENCE N°RTH 2~03'30" EAST 1174.15 FEET; ROAD NO. 5 AND THE THENCE EAST TO THE WESTERLY LINE OF STATE TRUE POINT OF BEGINNING; THENCE WEST 197.00 FEET; THENCE NORTH 2"03'30" EAST 143.00 FEET; MORE OR LESS TO SAID WESTERLY LINE 180 FEET MORE OR ~ ~ ~E (BEING KNOWN AS A PORTION OF TRACTS 26 AND 27 OF SECOND ADDITION TO wHITE RIVER VALLEY HOME TRACTS, ACCORDING TO UNRECORDED pLATT HEREOF)- THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF REQUIREMENTS THE FULL NECESSARY TO MEET STANDARDIZATION' TEXT OF THE DESCRIPTION MUST APPEAR IN THE DoCUMENT(S) TO BE INSURED- SECTION'31 TOWNSHIP 22N RANGE 5E SW QUARTER & SECTION 36 TOWNSHIP 22N RANGE 4E. 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