Chapter 1.35 ANNEXATION

Chapter 1.35
ANNEXATION¹

Sections:

1.35.010 Annexation – Comprehensive plan designation.

1.35.020 Annexation – Interim comprehensive plan designation.

1.35.040 Annexation – Initial zone classification.

1.35.050 Pre-annexation concomitant agreement.

1.35.010 Annexation – Comprehensive plan designation.

Whenever the council shall determine that the best interests and general welfare of the city would be served by annexing territory, the director of community development shall cause an examination to be made of the comprehensive plan of the city.

(1) Outdated or no comprehensive plan. If the director of community development determines there is no comprehensive plan designation, or if the comprehensive plan designation is not current for the area of the proposed or recently annexed area, the director of community development will cause an application to be made for amendment of the comprehensive plan pursuant to FWRC 19.80.010.

(2) Current comprehensive plan. If the director of community development determines that a current comprehensive plan exists for the proposed or recently annexed area, the director of community development will cause an application to be filed for an initial zoning designation according to that process described in FWRC 1.35.040.

(Ord. No. 00-375, § 3, 10-3-00; Ord. No. 93-190, § 1, 11-9-93. Code 2001 § 19-100.)

1.35.020 Annexation – Interim comprehensive plan designation.

(1) Established by council. Upon annexation of property and in the absence of a pre-established comprehensive plan designation therefor, the city council shall, within the annexation ordinance, establish an interim classification for the property on the city’s official comprehensive plan map. The interim comprehensive plan designation shall consist of one of the following, at the election of the council:

(a) Urban residential zone. Property, including all annexed property not otherwise classified on the official comprehensive plan map, may be classified as urban residential and shall be governed by the provisions applicable to that comprehensive plan designation as defined in Federal Way comprehensive plan.

(b) Retained comprehensive plan designation. The area annexed to the city shall retain the comprehensive plan classification of its former jurisdiction until amended by the city. To effectuate the retained comprehensive plan designation as the interim comprehensive plan designation, the city council shall adopt by reference the applicable county comprehensive plan provisions pursuant to RCW 35A.13.180.

(2) Term of comprehensive plan designation. The interim comprehensive plan designation shall be in place no longer than 12 months unless otherwise provided by ordinance. For all property classified by an interim comprehensive plan designation, the planning manager shall commence all steps necessary to establish an initial comprehensive plan classification pursuant to the procedure described in FWRC 1.35.010(1).

(Ord. No. 93-190, § 1, 11-9-93. Code 2001 § 19-101.)

1.35.030 Annexation – Interim zone.

(1) Established by council. Upon annexation of property in the absence of a pre-established zoning designation therefor, the city council shall, within the annexation ordinance, establish an interim classification for the property on the city’s official zoning map. The interim zone shall be consistent with the area’s comprehensive plan designation or interim comprehensive plan designation and shall be of one of the following, at the election of the council:

(a) RS-9600 (residential single-family) zone. Property, including all annexed property not otherwise classified on the official zoning map, may be classified as RS-9600 zone and shall be governed by the provisions applicable to that zoning district as defined in FWRC 19.200.010, et seq.; or

(b) Retained zone. The area annexed to the city shall retain the zoning classification of its former jurisdiction until amended by the city. To effectuate the retained zone as the interim zone, the city council shall adopt by reference, the applicable county comprehensive plan and zoning provisions pursuant to RCW 35A.13.180.

(2) Term of interim zoning. The interim zone shall be in place no longer than 12 months unless otherwise provided by ordinance. For all property classified in the interim zone, the planning manager shall commence all steps necessary to establish an official initial zoning classification pursuant to the procedure described in FWRC 1.35.020 and this section.

(Ord. No. 93-190, § 1, 11-9-93. Code 2001 § 19-102.)

1.35.040 Annexation – Initial zone classification.

(1) Planning commission recommendation. Upon application by the director of community development and upon completion of all applicable SEPA review, the city’s planning commission shall hold at least one public hearing to consider the initial zoning for the area of the proposed or recently annexed area. The planning commission public hearing shall constitute the first of the two public hearings required pursuant to RCW 35A.14.340. The council shall hold the second public hearing as set forth in subsection (2)(b) of this section.

(a) Notice. A notice of the time, place, and purpose of the hearing shall be as described in FWRC 19.80.170 and, in addition, shall be published in a newspaper of general circulation in the city and in the area to be annexed at least 10 days prior to the hearing.

(b) Staff report. The director of community development or his/her designee shall prepare a staff report as described in FWRC 19.80.180.

(c) Public hearing. The planning commission shall hold a public hearing on each application, which shall be open to the public. The planning commission shall make a complete electric sound recording of each public hearing.

(d) Public comments and participation at the hearing. Any person may participate in the public hearing in either or both of the following ways:

(i) By submitting written comments to the planning commission either by delivering these comments to the director of community development’s office prior to the hearing or by giving these directly to the planning commission at the hearing.

(ii) By appearing in person or through a representative at the hearing and making oral comments directly to the planning commission. The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing.

(e) Continuation of the hearing. The planning commission may continue the hearing if, for any reason, they are unable to hear all of the public comments on the matter or if the planning commission determines that they need more information on the matter. If during the hearing, the planning commission announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of the hearing need be given.

(f) Recommendation by the planning commission.

(i) Generally. After considering all of the information and comments submitted on the matter and following the public hearing, the planning commission shall issue a written recommendation to the city council.

(ii) Timing. Unless a longer period is agreed to by the applicant, the planning commission must issue the recommendation within 10 working days after the close of the public hearing.

(iii) Decisional criteria. The planning commission shall use the criteria listed in subsection (2)(e) of this section.

(iv) Conditions and restrictions. The planning commission shall include in the written recommendation any conditions and restrictions that the planning commission determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application.

(v) Contents. The planning commission shall include the following in the written recommendation to city council.

(A) A statement of facts presented to the planning commission that supports its recommendation, including any conditions and restrictions that are recommended.

(B) A statement of the planning commission’s conclusions based on those facts.

(D) The date of issuance of the recommendation and summary of the rights, as established in this chapter, of the applicant and others to request reconsideration and to challenge the recommendation of the planning commission.

(vi) Distribution of written recommendation. The planning manager shall distribute copies of the recommendation of the planning commission within two working days after the planning commission’s written recommendation is issued, a copy will be sent to the applicant, to each person who submitted written or oral testimony to the planning commission and to each person who specifically requested it.

(2) Council action. Upon receipt of the recommendation of the planning commission for the initial zoning of the area recently annexed or proposed to be annexed, and at least 30 days following the planning commission public hearing on the matter, the council shall hold a public hearing on the application.

(a) Notice. A notice of the time, place, and purpose of the hearing shall be as described in FWRC 19.80.170 and, in addition, shall be published in a newspaper of general circulation in the city and in the area proposed to be or recently annexed at least 10 days prior to the hearing.

(b) Public hearing. The council shall hold its own public hearing on each application, which shall be open to the public. The council shall make a complete electric sound recording of the public hearing.

(c) Public comments and participation at the hearing. Any person may participate in the public hearing in either or both of the following ways:

(i) By submitting written comments to the council either by delivering these comments to the city clerk’s office prior to the hearing or by giving these directly to the council at the hearing.

(ii) By appearing in person or through a representative at the hearing and making oral comments directly to the council. The council may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing.

(d) Continuation of the hearing. The council may continue the hearing if, for any reason, they are unable to hear all of the public comments on the matter or if the council determines that they need more information on the matter. If during the hearing, the council announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of the hearing need be given.

(e) Decisional criteria. The city council shall approve the recommended zoning classification if:

(i) It is consistent with the comprehensive plan;

(ii) It is consistent with all applicable provisions of Chapters 19.90 and 19.100 FWRC, including those adopted by reference from the comprehensive plan;

(iii) It is consistent with the public health, safety and welfare.

(f) Decision. After consideration of the entire matter before the record of the planning commission, and at the close of the public hearing on the matter, the city council shall, by ordinance approved by a majority of the total membership, adopt an ordinance establishing the initial zoning designation for the area.

(3) Effectiveness. The ordinance adopting the initial zone classification shall be effective 30 days after its passage and publication if the area affected by the ordinance has been annexed to the city; or if the affected area has not yet been annexed to the city, shall be effective upon annexation of the area into the city. The city clerk shall file a certified copy of the ordinance and any accompanying maps or plats with the county auditor.

(4) Judicial review. The action of the city may be reviewed for illegal, corrupt, or arbitrary and capricious action in the county superior court. The petition for review must be filed within 14 days after the date of the hearing at which the council acted to pass the written ordinance.

(Ord. No. 00-375, § 4, 10-3-00; Ord. No. 93-190, § 1, 11-9-93. Code 2001 § 19-103.)

1.35.050 Pre-annexation concomitant agreement.

(1) Purpose. The intent of a pre-annexation concomitant agreement is to create a process to promote diversity and creativity in site design and to protect and enhance natural and community features. The process is provided to encourage unique developments that may combine a mixture of residential, commercial, office and industrial uses. By using flexibility in the provisions of a pre-annexation concomitant agreement, this process will promote developments that will benefit the citizens that live and/or work within the city.

(2) Application process – General description. The application process includes an informal review process, State Environmental Policy Act compliance, review by the city’s long-range planning division and annexation review committee (“committee”) and public hearings before the city council.

(3) Committee defined. The city’s annexation review committee shall consist of at a minimum: mayor, planning manager, public works director, development services manager, parks director and city attorney.

(4) Informal review process. An applicant shall meet informally with the committee to discuss any proposed pre-annexation concomitant agreement. The purpose of the meeting is to develop a proposal that will meet the needs of the applicant and the objectives of the city as defined in this chapter.

(5) SEPA. The State Environmental Policy Act regulations and city SEPA requirements shall be completed prior to formal review by the long-range planning division and the committee.

(6) Concomitant review. After informal review and completion of the SEPA process, the proposals shall next be reviewed by the city’s long-range planning division and the committee.

(7) Recommendation to city council. The planning manager shall prepare a recommendation to the city council on the proposed pre-annexation concomitant agreement, which recommendation shall incorporate the comments of the committee.

(a) Decisional criteria. The recommendation shall be guided by the following criteria:

(i)(A) The proposed pre-annexation concomitant agreement shall have a beneficial effect upon the community and users of the development which would not normally be achieved by traditional application of city zoning districts and shall not be detrimental to existing or potential surrounding land uses as defined by the comprehensive plan.

(B) Benefits may include, but are not limited to, the securing of annexation of properties:

(I) Located on critical transportation corridors;

(II) Of historical significance;

(III) Of environmental significance; or

(IV) To preserve an existing significant land use or community.

(ii) Unusual environmental features of the site shall be preserved, maintained and incorporated into the design to benefit the development in the community.

(iii) The proposed pre-annexation concomitant shall provide for areas of openness by using techniques such as clustering, separation of building groups, and use of well-designed open space and/or landscaping.

(iv) It is consistent with the comprehensive plan.

(v) It is consistent with the public health, safety and welfare.

(b) Content. The recommendation to council shall include any conditions or restrictions that the committee determines are reasonably necessary to eliminate or minimize any undesirable effects of approving the pre-annexation concomitant application. In addition, the recommendation shall include:

(i) A statement recommending approval, modification or denial of the application.

(ii) Any conditions or restrictions that are imposed.

(iii) The identification of the existing Federal Way zoning designation most compatible to the terms of the concomitant, which the concomitant shall overlay.

(iv) A statement of facts that support the decision, including any conditions and restrictions that are imposed.

(v) A statement of the conclusions based on those facts.

(vi) A statement of the criteria used in making the recommendation.

(vii) The date of the recommendation.

(8) Council action. Council action shall be as described in FWRC 1.35.040(2), (3) and (4).

(Ord. No. 10-669, § 5, 9-21-10; Ord. No. 93-190, § 1, 11-9-93. Code 2001 § 19-104.)

Cross reference: Zoning, FWRC Title 19.