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
Robert and Forrest Roberts have 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 north of Coates Road between Yelm Creek and Cullens Road. The property is approximately 15 ½ acres in area and contains 25 parcels, 7 of which are unplatted
and 18 of which are within existing subdivisions of Prairie View Estates and Rainbow Village. The property is the tip of a peninsula of unincorporated land surrounded on three sides
by the City of Yelm bounded by Coates Road at the southern boundary, Yelm Creek on the east and Cullens Road on the west.
Coates Road is currently split down the centerline with the northern half being a County Road and the south half being a City Street, while the streets serving the subdivision, Solberg
Court and Longmire Court, are currently County Roads which do not meet current city street standards.
The entire area is located within the Yelm water service area as City water service is currently provided to the lots within the subdivisions and several of the unplatted properties.
The proposed annexation area is not currently served by City sewer, although there is a sewer line located in Coates Road along most of the frontage.
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 R-4, which allows 4 dwelling units per acre. The property is currently zoned RR/5 in the County,
which allows one dwelling unit per 5 acres.
Analysis
The proposed annexation is 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.
The proposed annexation makes a more logical City boundary as Coates Road, an existing half City street half County road, will be bounded by City properties on either side and the amount
of County peninsula into the City will be reduced.
The annexation would bring two additional streets, both cul-de-sacs, into the City street system. The City of Yelm would assume maintenance responsibilities on these streets.
Recommendation
The Council accept the request to circulate a petition for annexation utilizing either the petition method or the alternate petition method of annexation. Upon annexation, the property
would be identified as R-4 by the City Comprehensive Plan and the property would assume it’s share of the existing City indebtedness.