Staff Report on Request
Staff Report
City of Yelm
Community Development Department
To: Mayor Adam Rivas Yelm City Council
From: Grant Beck, Director
Date: March 3, 2004
Subj: Request to Circulate Annexation Petition
Issue
David Phill has requested Council approval to circulate a petition for annexation
Background
Annexation Process
The Annexation procedure has changed in the last several years due to a challenge to the constitutionality of the petition method of annexation, which has been used almost exclusively
for many years. The petition method of annexation requires the majority of property owners within an annexation area, based on the assessed value of the property, to sign the annexation
petition.
In May of 2002, the Washington State Supreme Court struck down the petition method of annexation as being unconstitutional.
During the 2002/3 legislative session, the Washington Legislature adopted amendments to the annexation rules which provided for an alternate petition method of annexation. The alternate
method requires a majority of property owners within the annexation area, based on property size, and a majority of registered voters within the annexation area to sign the annexation
petition.
In January of 2004, the Washington Supreme Court reversed it’s previous decision striking down the petition method of annexation, making either the original or alternate petition methods
appropriate mechanisms for annexing property into a City.
The annexation process is started with a request to circulate a petition for annexation. The City Council, at a public meeting, determines whether to accept, reject, or geographically
modify the proposed annexation, whether it requires the simultaneous adoption of the comprehensive plan, and whether it shall require the assumption of all or a portion of existing City
indebtedness.
If the Council accepts the request to circulate a petition, the applicant then must obtain sufficient signatures on the petition. A hearing is then scheduled before the City Council
on the proposed annexation. The Council may then adopt an ordinance which annexes the property into the City.
Property Description
The subject property is located south of Yelm Avenue West (SR 507) and north of Bald Hills Road west of 5 corners. The property is approximately 61 acres in area and contains 12 parcels
of land. Yelm Creek runs through the annex area.
The entire proposed annexation area is currently zoned Arterial Commercial by Thurston County.
The 510/507 Loop (Y2/Y3 Corridor) runs through the proposed annexation area at the easternmost property.
The parcels in the western portion of the proposed annexation area are part of the sewer LID although they are located outside the existing City limits. All the parcels with the exeption
of the easternmost along SR 507 and the westernmost along Bald Hills Road are subject to a water extension agreement (latecomers) benefitting Prairie Lumber, Country Storage, and Yelm
Telephone Company.
Consistency with City Regulations
The Water Comprehensive Plan updated in September, 2002, states as interim water service policies:
Annexation of properties in the future water service area will only be allowed for parcels within an existing sewer LID area or parcels that provide at least enough water rights to the
City to allow service of the property seeking annexation.
Parcels that currently receive city water and are not in the City limits will be subject to the annexation requirements identified above.
The Comprehensive Plan identifies the ‘future zoning’ of the subject property to be C-2 or Heavey Commercial, which allows a variety of retail and other commercial uses. The property
is currently zoned Arterial Commercial in the County which allows retail commercial but is limited now by the lack of urban services.
Analysis
The proposed annexation is partially within the water service area as an area currently served by City water outside the existing City limits. The Water Comprehensive Plan allows properties
in this situation to annex into the City without bringing additional water rights.
Most of the proposed annexation area is subject to a water latecomers agreement, which is a form of committement by the City to serve the area with water service in order to allow the
developers which extended the water line to recoup their costs. A latecomers agreement expires after 15 years.
The proposed annexation makes a more logical City boundary it evens up the entrance to the City along SR 507 and would allow a commercial area to develop at an urban level not limited
by requirements for new community water systems within Yelm’s service area and by on-site sewage disposal systems.
The annexation would bring Bald Hills Road from it’s intersection with Morris Road to the edge of the annexation area into the City street system. The City of Yelm would assume maintenance
responsibilities on this portion of Bald Hills Road.
Recommendation
The Council accept the request to circulate a petition for annexation for the proposed annexation area excluding tax parcel numbers 22729310400 and 64303200300 utilizing either the petition
method or the alternate petition method of annexation. Upon annexation, the property would be identified as C-2 (Heavy Commercial) by the City Comprehensive Plan and the property would
assume it’s share of the existing City indebtedness.