Chapter 18.36
ANNEXATIONS

Sections:

18.36.010    Purpose.

18.36.020    Goals.

18.36.030    Process V.

18.36.040    County coordination.

18.36.050    Methods of annexation.

18.36.060    Proposed development regulations and restrictions.

18.36.070    Other annexation methods.

18.36.080    Annexation submittals.

18.36.090    Fees.

18.36.100    Enforcement.

Cross-reference: Section 18.24.040, Zoning of annexed lands.

18.36.010 Purpose.

The purpose of this chapter is to provide a method to implement the goals of the Comprehensive Plan, 2004 Edition, regarding annexations to the city limits. Annexations of lands to the city of Rainier are governed by Chapter 35A.14 RCW. In addition, densities outside city limits but within the UGA will remain as detailed in the interlocal agreement until those lands within the UGA are annexed into the city limits. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.36.020 Goals.

Annexations should create logical boundaries, planned growth, and reasonable service areas on land that can physically accommodate development. The city shall analyze infrastructure needs, land capability, opinions of property owners, and the costs and benefits of potential annexations before annexing new lands. Identification of proposed annexation boundaries shall be logical for growth, and consider geographical features such as streams, railroads, and property lines. Identification of sites, which are suitable for industrial and heavy commercial development, should also be considered for possible annexation. Annexations areas should be timed to align with phased sewer and other infrastructure improvements according to the capital facilities plan. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.36.030 Process V.

Annexation proposals are subject to the procedures of Section 18.16.120, Process V legislative review criteria, and Sections 18.24.030 and 18.24.040. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.36.040 County coordination.

Inquiry shall be made of the Thurston County parks department for possible acquisition of open spaces in conjunction with annexation proposals. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.36.050 Methods of annexation.

A.    Election Method. When the legislative body determines that the best interests and general welfare are served by the annexation, the legislative body may, by resolution, call for an election to be held to submit to the voters of such territory the proposal for annexation. The resolution shall, subject to RCW 35.02.170, describe the boundaries of the area to be annexed, state the number of voters residing therein as nearly as may be, and shall provide that said city will pay the cost of the annexation election. The resolution may require that there also be submitted to the electorate of the territory sought to be annexed a proposition that all property within the area annexed shall, upon annexation, be assessed and taxed at the same rate and on the same basis as the property of such annexing city is assessed and taxed to pay for all or any portion of the then-outstanding indebtedness of the city to which said area is annexed, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the date of annexation. Whenever the city has prepared and filed a proposed zoning regulation for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340, the resolution initiating the election may also provide for the simultaneous adoption of the proposed zoning regulations upon approval of annexation by the electorate of the area to be annexed. A certified copy of the resolution shall be filed with Thurston County. A certified copy of the resolution shall be filed with the boundary review board as provided for in Chapter 36.93 RCW unless such annexation proposal is within the provisions of RCW 35A.14.220.

B.    Direct Petition Method. Proceedings for initiating annexation may be commenced by the filing of a petition of property owners of the territory proposed to be annexed, in the following manner.

1.    This method of annexation shall be alternative to other methods provided in this chapter. Prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than ten percent (10%) in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body, in writing, of their intention to commence annexation proceedings.

2.    The legislative body shall set a date, not later than sixty (60) days after the filing of the request, for a meeting with the initiating parties to determine whether the city will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of a proposed zoning regulation, if such a proposal has been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340, and whether it shall require the assumption of all or of any portion of existing city indebtedness by the area to be annexed.

3.    If the legislative body requires the assumption of all or of any portion of indebtedness and/or the adoption of a proposed zoning regulation, it shall record this action in its minutes and the petition for annexation shall be so drawn as to clearly indicate these facts.

4.    Approval by the legislative body shall be a condition precedent to circulation of the petition. There shall be no appeal from the decision of the legislative body. A petition for annexation of contiguous lands to the city may be filed with the legislative body of the municipality to which annexation is desired. It must be signed by the owners, as defined by RCW 35A.01.040(9)(a) through (d), of not less than sixty percent (60%) in value, according to the assessed valuation for general taxation of the property for which annexation is petitioned.

5.    Such petition shall set forth a description of the property according to government legal subdivisions or legal plats and shall be accompanied by a map that outlines the boundaries of the property sought to be annexed.

6.    If the legislative body has required the assumption of all or any portion of city indebtedness by the area annexed or the adoption of a proposed zoning regulation, these facts, together with a quotation of the minute entry of such requirement, or requirements, shall also be set forth in the petition. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.36.060 Proposed development regulations and restrictions.

A.    The legislative body may prepare a proposed zoning regulation to become effective upon the annexation of any area, which might reasonably be expected to be annexed. Such proposed zoning regulation, to the extent deemed reasonably necessary to be in the interest of health, safety, morals and the general welfare, may provide, among other things, for:

1.    The regulations and restriction within the area to be annexed of the location and the use of buildings, structures and land for residence, trade, industrial and other purposes; the height, number of stories, size, construction and design of buildings and other structures; the size of yards, courts and other open spaces on the lot or tract; the density of population; the setback of buildings and structures along highways, parks or public water frontages; and the subdivision and development of land;

2.    The division of the area to be annexed into districts or zones of any size or shape, and within such districts or zones regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land; and

3.    The time interval following an annexation during which the ordinance or resolution adopting any such proposed regulation, or any part thereof, must remain in effect before it may be amended, supplemented or modified by subsequent ordinance or resolution adopted by the city.

B.    All such regulations and restrictions shall be designed, among other things, to encourage the most appropriate use of land throughout the area to be annexed; to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the requirements of community life; to conserve and restore natural beauty and other natural resources; and to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.36.070 Other annexation methods.

Other methods of annexation shall apply as specified by Chapter 35A.14 RCW, Annexation by Code Cites, and shall be processed pursuant to Section 18.16.120, Process V legislative review criteria. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.36.080 Annexation submittals.

A.    General application.

B.    Notice of intent to petition for annexation (ten percent (10%)).

C.    The following maps must be submitted with all notices of intent:

1.    Vicinity Map. Submit a vicinity map showing the following:

a.    The general vicinity of the proposal.

b.    The area proposed for annexation, highlighted in some manner.

c.    The boundaries of other cities near the annexation area (highlighted if not readily discernible).

2.    The assessor’s map showing specific parcel(s) and immediate vicinity.

3.    One or more maps showing the following:

a.    Dominant physical features such as lakes, creeks, and ravines.

b.    Floodplain boundaries (one hundred (100) year).

c.    Railroad lines.

d.    All public roads near the annexation.

e.    Any resource lands (agricultural, mineral, forest) within five hundred (500) feet of the annexation lands.

4.    One map showing the annexation and its relationship to the following:

a.    UGA boundary.

b.    Approved water service areas.

c.    Drainage basins.

5.    Other Maps.

a.    Existing county zoning, zoning requested by applicant, zoning proposed by city, contiguous city zoning, as well as shoreline designations.

b.    Location of water and sewer mains within proposed annexation, if any, and those nearby (any jurisdiction).

D.    Petition for annexation (sixty percent (60%)).

E.    Thurston County boundary review board application, submittal requirements and appropriate payment of fees.

F.    Mailing labels prepared for all property owners within three hundred (300) feet of the proposed annexation. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.36.090 Fees.

Annexations fees are established pursuant to Section 18.12.110, Fees. In addition, fees will be assessed at the city hourly rate to facilitate revisions to any text and or map amendments to the city’s comprehensive plan, development regulations or the zoning map. These fees and rates are established by resolution of the city council pursuant to Section 18.12.110, Fees. The applicant shall be responsible for, and may be required to, reimburse the city for administrative costs associated with annexations to the city including special studies, staff review, mapping, printing, public noticing or other costs. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.36.100 Enforcement.

The provisions of Section 18.12.130, Enforcement, shall apply to this division. (Ord. 548 § 2 (Exh. B) (part), 2007)