BRB Staff Report
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THURSTON COUNTY BOUNDARY REVIEW BOIU' I\lbJ
AGENDA
WHEN:
WHERE.
Tuesday, October 4, 1994 -- 7:00 p m,
Yelm CIty Hall
105 Y elm Avenue West
Yelm, W A 98589
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SEE ATTA:GHED MAP
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CARPOOL WILL LEAVE 2404 HERITAGE COURT SW, ~.::AT~_~~30 P .M~
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For mformation contact: Shanna Stevenson, Clerk
Thurston County Boundary ReVIew Board, 786-5222
A Call to Order
1.
2,
3.
Attendance
Approval of Agenda
Approval Mmutes -- September 20, 1994
ENCLOSURE
B, Hearmg on BRB-94-08, 105th Street AnnexatIon to the CIty of Yelm
C. Other Business
D. Adjournment
E Enclosures
1. Minutes -- September 20, 1994
2. Amended Rules of Procedure
3 Staff Report -- BRB-94-08
4 Map to Yelm City Hall
5. Hearmg Worksheet
25:1b
If you need special accommodations to participate in this meeting, please call us at 786-5222 by 10'00 a.m. three days
prior to the meeting Ask for the ADA Coordinator Citizens with hearing impairment may call the TDD Line at (206)
754""2933
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STAFF REPORT
Thurston County Boundary Review Board
Public Hearing" October 4, 1994
Yelm City Council Chambers
105 Yelm Ave, West, Yelm, Washington
Staff report Prepared by: Shanna Stevenson, Clerk
Application Number'
BRB-94-08
Nature of Application:
AnnexatIOn of Approximately 110 acres to the City of
Yelm,
Location of Property'
The affected property is located in southeast Thurston
County in Township 17 North, Range 1 and 2 East,
W,M A complete legal description is on file WIth the
Boundary ReVIew Board Staff located at the Thurston
Regional Planning Council Office
Entity Requesting RevIew'
Board of Thurston County CommiSSIOners
INFORMATION ON GOALS AND OBJECTIVES TO BE MET BY THE
THURSTON COUNTY BOUNDARY REVIEW BOARD IN MAKING A
DECISION
Background:
The City of Yelm submitted a Notice of IntentIon to the Thurston County Boundary
Review Board to annex approximately 110 acres of land in Thurston County" Municipal
annexations are subject to Review by the Boundary Review Board under RCW
36 93.090 The Clerk of the Boundary Review Board circulated the Notice of Intention
to affected jurisdictions Prior to the end of the 45 day period for review, the Board
of Thurston County Commissioners submitted a request that the Boundary ReVIew
Board take jurisdIction over this annexation, It is the Boundary Review Board's
responsibility to reVIew and approve, disapprove, or modify this annexation, If the
Board fails to make a finding within 120 days of the request for review, the action shall
be deemed approved,
Q
The board shall not modify or deny a proposed action unless there is eVIdence on the
record to support a conclusion that the action is inconsIstent with one or more of the
objectives under RCW 36.93 180
FACTORS TO BE CONSIDERED BY THE BOARD (RCW 36.93.170)
In reaclnng a decision on a proposal or an alternative, the board shall consIder the
factors affectmg such proposal, which shall include, but not be lImited to the following
1. Population and territory, populatIOn density, land area and land uses,
comprehensive plans and zoning, as adopted under chapter 35.63, 35A 63, or
36 70 RCW, per capita assessed valuation; topography, natural boundaries and
dramage basins, proximity to other populated areas; the existence and
preservation of pnme agricultural soils and productive agricultural uses, the
likelihood of SIgnificant growth in the area and m adjacent mcorporated and
unincorporated areas during the next ten years, location and most desirable future
location of commumty facilities,
This proposal:
This area of approximately 110 acres IS located in eastern Thurston County south
of and immediately adjacent to the current Yelm City Limits and is located within
the Intenm Urban Growth Area of the City of Yelm. The assessed value of the
taxable properties is approximately $3 millIon, There are approximately 101
people in this area. At current growth projection rates that would reach 229
reSIdents by the year 2010,
The land IS currently predominately m large lot residential and open undeveloped
land uses. The land is an area designated as critical for aquifer protection, The
topography is primarily flat prairie land WIth a slight rise near 105th Street, A
more substantial hill is just south of l09th Avenue, just south of the annexation
boundary. The property IS immedIately adjacent to the already urbamzed part of
Yelm and just south of the main Highway 510 thoroughfare through Yelm
The current County zoning is Rural Residential, one unit per five acres
Proposed City Zoning is agricultural one unit per five acres with a potential for
smgle-family residential designation after comprehensive planmng in the area IS
BRB-94-08 105th Street Annexation to City of Yelm
2
"
complete There are several small horse farms in the area to be annexed along
with a few cows and chickens. These uses would continue to be allowed under
the proposed agricultural one umt per five acre zoning for the area once It IS
annexed. Yelm has a policy of grandfather rights for uses of the property within
the city limits unless prevented by the Thurston County Health Department which
also serves as Yelm' s Health Department. A school which is in the current City
limits of Yelm IS located just west of Mill Road,
2 Municipal services, need for municipal services, effect of ordinances,
governmental codes, regulations and resolutions on existmg uses, present cost
and adequacy of governmental services and controls III area; prospects of
governmental services from other sources; probable future needs for such
services and controls, probable effect of proposal or alternative on cost and
adequacy of servIces and controlS in area and adjacent area, the effect on the
finances, debt structure, and contractual obligations and rights of all affected
governmental units; and
This proposal:
The proposed annexation area IS located WIthin the both the Yelm Water and
Sewer planning area. A city water line extends to part of the property, There
is a city-owned well and water storage tank in the proposed annexation area,
Sewer service is expected to reach the area within the next three years. There
is no city policy that requires residents to hook up to water or sewer lines unless
a health problem exists with individual systems, Sewer hookups cost
approximately $1100.00. The area will contmue to be within the Fire District
#2 service area, Yelm police currently often respond to emergencies within thIs
area since it is closer than the county sheriff The police department IS prepared
to serve the area,
The proposed annexation area is currently in two county property tax code areas
The curren county rate for code 182 is $15 3137 per thousand dollars of assessed
valuation and for code 221 $14.3644 per thousand dollars of assessed valuatlOn,
Properties in the City of Yelm have a property tax rate of $15.5616 per thousand
dollars of assessed valuation.
BRB-94-08 105th Street Annexation to City of Yelm
3
o
3 The effect of the proposal or alternative on adjacent areas, on mutual economic
and socialmterests, and on the local governmental structure of the county
This proposal:
The proposal is within the identified Interim Urban Growth Boundary for the
City of Yelm
OBJECTIVES TO BE CONSIDERED BY THE BOUNDARY REVIEW BOARD
(36.93.180)
The decisions of the boundary review board shall attempt to achieve the following
objectIves:
I Preservation of natural neighborhoods and communities;
This proposal:
The proposed annexation appears to be an extenSIOn of the neighborhood
currently within the city hmits of Yelm
2 Use of physical boundaries, including but not limited to bodIes of water,
highways, and land contours;
This proposal:
No prominent physical boundaries exist in the proposed annexatIOn area,
3. Creation and preservation of logical service areas,
This proposal:
The proposed annexation area is Within the water and sewer planning area of
Yelm.
BRB-94-08 I05th Street Annexatlon to City of Yelm
4
4 Prevention of abnormally irregular boundaries;
This proposal:
The Boundary Review Board may determine whether or not tins annexation
presents an irregular boundary.
5 DIscouragement of multiple incorporations of small cities and encouragement of
incorporation of cItIes m excess of ten thousand population in heavily populated
urban areas;
This proposal:
N/A
6 Dissolution of mactive special purpose distrIcts,
This proposal:
N/A
7 Adjustment of impractical boundaries,
This proposal:
The Boundary Review Board may determine whether or not this annexation
proposal adjusts impractical boundaries.
8, Incorporation as citIes or towns or annexation to cities or towns of
unincorporated areas which are urban in character; and
This proposal:
The proposed annexatIon area IS in between urban and rural character although
there is a substantial amount of development. The development is on large lots
typical of other Yelm development.
BRB-94-08 l05th Street Annexation to City of Yelm
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9 Protection of agricultural and rural lands which are designated for long term
productive agricultural and resource use by a comprehensive plan adopted by the
county legislative authority [1989 c 84 ~ 6, 1981 c 332 ~ 10, 1979 ex,s c 142
~ 2, 1967 c 189 ~ 18.]
This proposal:
N/A
WASHINGTON STATE GROWTH MANAGEMENT ACT
The decisions of a boundary review board located in a county that is required or
chooses to plan under RCW 36 70A,040 must be consIstent WIth RCW 36 70A 020,
36 70A.110, and 36 70A 210 [Thurston County Plans under RCW 36 70A.040]
36.70A.020
Planning goals.
1 Urban growth. Encourage development in urban areas where adequate publIc
facilities and services exist or can be prOVIded in an effiCIent manner
This proposal:
The proposed annexation area IS the planmng area for urban services of water and
sewer
2 Reduce sprawl Reduce the inappropriate conversion of undeveloped land mto
sprawling, low-density development,
This proposal:
The proposed annexation area is slated to be re-zoned at a lngher densIty once the
comprehensive ,planning process is complete. In the interim its densIty will stay the
same as the county designation wlnch IS one umt per five acres,
3 Transportation. Encourage efficient multimodal transportation systems that are
based on regional priorities and coordinated with county and city comprehensIve
plans,
BRB-94-08 105th Street Annexation to CIty of Yelm
6
,.
This proposal:
N/A
4. Housing Encourage the availabilIty of affordable housmg to all economIC
segments of the population of this state, promote a variety of residential densities
and housing types, and encourage preservation of existIng housing stock.
This proposal:
N/A
5. Economic development. Encourage economic development throughout the state
that is consistent with adopted comprehensive plans, promote economIC
opportumty for all cItIzens of tlns state, especIally for unemployed and for
dIsadvantaged persons, and encourage growth in areas experiencing insufficient
economic growth, all within the capacities of the state's natural resources, publIc
servIces, and public facilities.
This proposal:
N/A
6 Property rights Private property shall not be taken for public use without just
compensation having been made The property rights of landowners shall be
protected from arbitrary and discriminatory actions
This proposal:
There may be some discussion on this issue at the hearing,
7 Permits. ApplicatIons for both state and local government permIts should be
processed in a timely and fair manner to ensure predictability.
BRB-94-08 105th Street AnnexatIon to City of Yelm
7
This proposal:
N/A
8 Natural resource industrIes. Maintalll and enhance natural resource-based
industries, lllcluding productive tImber, agncultural, and fisheries industrIes
Encourage the conservation of productive forest lands and productive agricultural
lands, and dIscourage incompatible uses
This proposal:
The proposed annexatIon is not witlnn nor adjacent to any of the designated resource
lands of the county
9 Open space and recreation. Encourage the retentIon of open space and
development of recreatIonal opportunities, conserve fish and wildlife habitat,
increase access to natural resource lands and water, and develop parks.
This proposal:
N/A
10 EnvIronment, Protect the enVIronment and enhance the state's hIgh qUalIty of
lIfe, lllcluding air and water qUalIty, and the availabIlIty of water,
This proposal:
The Boundary Review Board may want to evaluate this annexation in relatIon to
the aqwfer protection or other enVIronmental concerns
11 Citizen partlcipation and coordination, Encourage the lllvolvement of citIzens III
the planmng process and ensure coordlllatIon between commumtIes and
junschctions to reconcile COnflICts
BRB-94-08 105th Street AnnexatIOn to CIty of Yelm
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This proposal:
There may be discussion on this issue at the hearing
12 Public facilities and servIces, Ensure that those public facilities and services
necessary to support development shall be adequate to serve the development at
the time the development is available for occupancy and use without d~creasing
current service levels below locally established mimmum standards,
This proposal:
Yelm is slated to serve this area with water and sewer
13 Historic preservatIon, Identify and encourage the preservation of lands, SItes,
and structures, that have hIstorical or archaeologIcal sigmficance
This proposal:
N/A
36.70A.II0
Comprehensive Plans--Urban growth areas.
1 Each county that is required or chooses to plan under RCW 36 70A,040 shall
designate an urban growth area or areas within whIch urban growth shall be
encouraged and outside of which growth can occur only if It is not urban lD
nature Each city that is located in such a county shall be included WIthin an
urban growth area, An urban growth area may include more than a slDgle CIty
An urban growth area may include territory that is located outside of a CIty only
if such territory already is characterized by urban growth or is adjacent to
terntory already characterized by urban growth.
2 Based upon the population growth management planning population projectIOn
made for the county by the office of financial management, the urban growth
areas in the county shall include areas and densities sufficient to permit the urban
growth that is projected to occur in the county for the succeeding twenty-year
penod. Each urban growth area shall permit urban densities and shall include
greenbelt and open space areas Within one year of July 1, 1990, each county
that as of June 1, 1991, was required or chose to plan under RCW 36 70A 040,
BRB-94-08 105th Street Annexation to City of Yelm
9
shall begin consulting with each city located within its boundaries and each city
shall proposed the location of an urban growth area. Within sixty days of the
date the county legislative authority of a county adopts its resolution of intention
or of certification by the office of financial management, all other counties that
are required or choose to plan under RCW 36 70A 040 shall begIn tlns
consultation with each city located within its boundaries The county shall
attempt to reach agreement With each city on the locatiOn of an urban growth
area within which the city is located If such an agreement is not reached With
each city located witlnn the urban growth area, the county shall justify in writing
why it so designated the area an urban growth area, A City may object formally
with the department over the designation of the urban growth area witlnn wh1ch
it is located. Where appropriate, the department shall attempt to resolve the
conflicts, including the use of mediation services
This proposal:
The proposal annexatIon is witlnn the Interim Urban Growth Area of the City of Yelm
3. Urban growth should be located first in areas already characterized by urban
growth that have existIng public facility and service capacities to serve such
development, and second in areas already characterized by urban growth that will
be served by combination of both existing public facilities and services and any
additional needed public facilities and services that are provided by either public
or pnvate sources Further, it is appropriate that urban government services be
provided by cities, and urban government services should not be provided In
rural areas
This proposal:
The issue of timing of annexations may considered by the Board regardIng this proposed
annexation.
4 On or before October 1, 1993, each county that was initially required to plan
under RCW 36 70A 040(1) shall adopt development regulatIons deSignating
intenm urban growth areas under tlns chapter Witlnn three years and three
months of the date the county legislative authority of a county adopts its
resolutIon of Intention or of certification by the office of financial management,
all other countIes that are reqUITed or choose to plan under RCW 36,70A 040
BRB-94-08 10Sth Street AnnexatIon to City of Yelm
10
shall adopt development regulations designating interim urban growth areas under
this chapter, Adoption of the intenm urban growth areas may only occur after
public notlce; public hearing; and compliance with the state environmental polIcy
act, chapter 43 2lC RCW, and RCW 36 70A.llO. Such actlon may be appealed
to the appropriate growth planning hearings board under RCW 3670A.280
Final urban growth areas shall be adopted at the time of comprehensive plan
adoption under tlus chapter.
This proposal:
The proposed annexation area is within the Interim Urban Growth Area for the City of
Yelm
5 Each county shall include designations of urban growth areas III its
comprehensive plan,
This proposal:
The Comprehensive Plan for Thurston County under the GMA has not be finalized
36.70A.210
County-wide planning policies.
1. The legislature recognizes that counties are regional governments WIthin their
boundaries, and cities are primary providers of urban governmental services
within urban growth areas For the purposes of this sectlon, a "county-wide
planning policy" is a written polIcy statement or statements used solely for
establislung a county-wide framework from which county and city comprehensIve
plans are developed and adopted pursuant to this chapter This framework shall
ensure that city and county comprehensive plans are consIstent as reqmred in
RCW 36 70A, 100 Nothing in this section shall be construed to alter the land-
use powers of cities. [The Thurston County County-wide Planning PolicIes are
attached] ,
BRB-94-08 105th Street Annexation to CIty of Yelm
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This proposal:
Some Pertinent sections of County-wide planning policies:
2 I (a) Encouragmg infilhng m areas already charactenzed by urban growth that
have the capacity to provide public services and facilities to serve urban
development;
2 I (b) Phasmg urban development and facilitIes outward from core areas
2 l(e) Where urban services & utihties are not yet available, reqUinng
development to be configured so urban growth areas my eventually infill and
become urban.
ACTIONS AND DETERMINATIONS OF THE BOARD
36.93.150 Review of proposed actions----Actions and determinations of board----
Disapproval, effect.
The board, upon review of any proposed action, shall take such of the following actIons
as it deems necessary to best carry out the intent of this chapter:
I. Approval of the proposal as submitted;
This proposal:
The Board may vote to approve the annexation proposal of the City of Yelm as
presented,
2 Subject to RCW 35 02.170, modification of proposal by adjusting boundaries
to add or delete territory: Provided, That any proposal for annexatIon by the
board shall be subject to RCW 35 21.010 and shall not add additional territory,
the amount of which is greater than that included m the original proposal
Provided further, That such modificatIons shall not interfere With the authonty
of a City, town, or speCial purpose district to require or not reqUire preannexatIon
agreements, covenants, or petitions,
BRB-94-08 105th Street Annexation to City of Yelm
12
This proposal:
The Board may vote to modify the proposal by adding or deletmg territory from
the City of Yelm annexation proposal in conformity with RCW 35.02 170
The addition or deletion of property by the board shall not mvalidate a petioon
which has prevIOusly satisfied the sufficIency of signature provisions of RCW
35.13.130 or 35A 14.120.
3, Determination of a division of assets and habibties between two or more
governmental units where relevant,
This proposal:
N/A
4 Determination whether, or the extent to which, functions of a specIal purpose
district are to be assumed by an incorporated city or town, metropobtan
municipal corporation, or another existing specIal purpose distnct; or
This proposal.
N/A
5 DIsapproval of the proposal except that the board shall not have jurisdIcoon to
disapprove the dIssolution or msmcorporation of a special purpose district which
is not provimng services but shall have jurisdiction over the determination of a
mvision of the assets and liabilities of a mssolved or disincorporated specIal
purpose mstrict: Provided, That a board shall not have jurismction over the
division of assets and liabilities of a special purpose district that is dissolved or
disincorporated pursuant to chapter 36 96 RCW
When the board, after due proceedings held, disapproved a proposed action, such
proposed acoon shall be unavailable, the proposing agency shall be without
power to Initiate the same or substantially the same as determined by the board,
and any succeeding acts intended to or tending to effectuate that action shall be
void, but such action may be reinitiated after a period of twelve months from
date of disapproval and shall again be subject to the same consideraoon,
(RCW 36 93.150)
BRB-94-08 105th Street Annexation to CIty of Yelm
13
..
This proposal.
The Board may disapprove the entIre annexatIon proposal by the CIty of Yelm
Unless the board shall disapprove a proposal, it be presented under the
appropriate statute for approval of a pubbc body and, if required, a vote of the
people A proposal that has been modIfied shall be presented under the
appropriate statute for approval of a public body and if requrred, a vote of the
people If a proposal, other than that for a city, town, or speCIal purpose district
annexation, after modIfication does not contam enough SIgnatures of persons
within the modified area, as are reqmred by law, then the imtiating party, partIes
or governmental unit has thirty days after the modification decision to secure
enough signatures to satIsfy the legal requirement. If the signatures cannot be
secured then the proposal may be submitted to a vote of the people, as required
by law
The board shall not modify or deny a proposed action unless there is evidence on
the record to support a conclusion that the action is inconsistent with one or more
of the objectives under RCW 36.93.180. Every such determination to modify or
deny a proposed action shall be made in writing pursuant to a motion, and shall
be supported by appropriate written findings and conclusions, based on the record.
[1987 c 477 ~ 7; 1979 ex s. c 5 ~ 13; 1975 1st ex,s c 220 ~ 10; 1969 ex.s. c 111 ~ 8,
1967 c 189 ~15.]
Severability----1979 ex.s. c 5 See RCW 36 96,920
Legislative finding, intent----1975 1st ex.s. c 220. See note following RCW 35 02.170
36.93.155 Annexation approval-----Other action not authorized.
Boundary review board approval, or modIfication and approval, of a proposed
annexation by a city, town , or special purpose district shall authorize annexation as
approved and shall not authorize any other annexation action, [1989 c 84 ~ 16 ]
BRB-94-08 105th Street Annexation to City of Yelm
14
~
d
DECISION OF THE BOARD (RCW 36.93.160)
Unanimous decisions of the hearing panel or a decision of a majority of the
members of the board shall constitute the decision of the board and shall not be
appealable to the whole board. Any other decision shall be appealable to the entire
board within ten days. Appeals shall be on the record, which shall be furnIshed by
the appellant, but the board may, III its sole discretIon, permit the introduction of
addItional evidence and argument. DecisIOns shall be final and conclusive unless within
ten days from the date of said action a governmental unit affected by the decision or any
person owmng real property or reSIding in the area affected by the decision files III the
superior court a notice of appeal,
The filing of such notice of appeal within such time limit shall stay the effective
date of the decision of the board until such time as the appeal shall have been
adjudicated or withdrawn, On appeal the superior court shall not take any
eVIdence other than that contained in the record of the hearing before the board,
6 The superior court may affirm the decision of the board or remand the case for
further proceedlllgs; or It may reverse the decision If any substantIal rights may
have been prejudiced because the admimstrative findings, inferences, conclUSIOns,
or decisions are:
a, In violation of constitutional procedure, or
b In excess of the statutory authonty or junsdiction of the board, or
c Made upon unlawful procedure, or
d, Affected by other error of law, or
e Unsupported by material and substantIal evidence in view of the entire
record as submitted, or
f. Arbitrary or capricious,
An aggrieved party may seek appellate review of any final judgment of the
superior court III the manner provided by law as III other CIvil cases. [1988 c
202 ~ 40, 1987 c 477 ~ 8; 1971 c 81 ~ 97, 1969 ex s c 111 ~ 9, 1967 c 189 ~
16 ]
25:sm
BRB-94-08 105th Street AnnexatIon to CIty of Yelm
15