Chapter 2.66
ANNEXATION PROCEDURES
Sections:
2.66.010 Development of uniform criteria.
2.66.030 Submittal, review, and approval of annexations.
2.66.040 Preservation of neighborhoods.
2.66.050 Jurisdictional cooperation.
2.66.060 Annexation legislation.
2.66.070 Decision on annexation.
2.66.010 Development of uniform criteria.
The city should develop uniform criteria to use in evaluating annexations.
A. Annexations shall comply with all requirements of this chapter.
B. The city should evaluate all annexations on the basis of their short- and long-term community impact. Annexations shall be consistent with city plans for urban densities and uses within the urban area of the city and to assure adequate financial capability of the annexed area to meet the criteria for urban areas under SHB 2929 (the Washington State Growth Management Act) and SHB 1025.
C. In response to SHB 2929, the city should, as a minimum, analyze and evaluate the condition and safety of all streets, the availability and condition of public utilities and the demand for emergency services (police, fire and medical). Public services and facilities to be analyzed may include:
1. Public areas;
2. Transportation needs;
3. Necessary utilities;
4. Sidewalks, curbs and lighting;
5. Recreational services (includes parks and open spaces);
6. Human services (health care, social services);
7. Development of an urban center; and
8. Support a balance of housing, commercial and public recreational needs.
D. The city may require the development of a plan for public transportation to serve the newly annexed area. When possible, plans should be consistent with plans of Intercity Transit for public transportation in South Thurston County.
E. Annexation of land should be directly dependent upon the city’s ability to provide, acquire, operate and maintain general services and utility services. Annexation will take place only after the city is satisfied that general services, utility resources and necessary utility plan capacity can be made available in a manner cost effective to the city.
F.1. The city shall designate staff to perform the following:
a. Receive and process annexation requests;
b. Furnish the public and city officials with annexation information;
c. Prepare technical studies and assessments on the impacts from annexation.
2. The city may require property owners within an annexing area to assume a pro rata share of the city’s bonded indebtedness existing at the time of annexation.
3. . The city may require impact fees and/or assessments as a condition of annexation.
4. The city should cause a comprehensive plan and/or proposed zoning to be prepared for all annexations. Existing zoning of the area may be honored, provided it is consistent with the comprehensive plan. The zoning classification specified at the time of annexation should be in effect for a reasonable period of time after annexation, before a change in classification is considered.
5. Prior to any annexation, the city should confer with affected special districts and other jurisdictions to assess the impact of annexation.
6. The city may require the applicant to prepare a report assessing the probable short- and long-term financial, economic and social impact from annexations.
7. If the annexation is acceptable to the city, the city shall forward reports, plans, studies and agreements of areas requesting annexation to Thurston County and the boundary review board (when required) to facilitate processing. (Ord. 1089 § 1 (Exh. A), 2022; Ord. 1084 § 1 (Exh. A), 2022; Ord. 414 § 1, 1991).
2.66.020 Goals and policies.
The city should consider annexations that best meet the growth goals and policies of Yelm to include the goals of SHB 2929 and SHB 1025.
A. The city may, by council approval, utilize the extension of utilities and services to encourage and guide needed and desirable urban growth; provided, that:
1. The area served by water and/or sewer be subject to a contractual arrangement wherein it is agreed that all utility improvements meet city standards and that residents of the area will annex to the city at such time as the city deems appropriate;
2. The owners of lands to be served by such water and/or sewer service agree to participate, financially, to the extent and in the manner agreeable to the city, in capital improvements taking place, or projected to take place;
3. The owners of lands to be served by such water and/or sewer service provide, when requested, by local improvement district or other noncity funds, specified water and/or sewer supply, transmission, distribution and storage facilities, inter-tied with city systems. Ownership and control of such facilities shall be transferred to the city following construction, inspection and acceptance;
4. In those instances where extensions or improvements to city water and/or sewer are provided, the city may waive all or any part of surcharges and/or utility charges which might otherwise be applicable. (Ord. 1089 § 1 (Exh. A), 2022; Ord. 1084 § 1 (Exh. A), 2022; Ord. 414 § 2, 1991).
2.66.030 Submittal, review, and approval of annexations.
The submittal, review, and approval process for annexations to the city of Yelm shall be as follows:
A. Procedures.
1. All annexations shall use the petition method.
2. An annexation will be considered either a:
a. Simple annexation, involving a single annexation within an urban area and exempt from boundary review board procedures (items in subsections (A)(7) through (A)(11) of this section); or a
b. Complex annexation, which is any other type of annexation; these types of annexations require review from the boundary review board.
3. The applicant first meets with city officials to discuss the annexation and the first petition; a notice of intent is then prepared and circulated among all affected property owners. It must be signed by owners of 10 percent or more of the assessed value of the proposed annexation area. Value is determined according to current Thurston County tax record.
4. After the signatures on the notice of intent are validated and found to be sufficient, the city council holds a public meeting, usually within 60 days of filing the petition. The city council decides whether to accept the proposed annexation, and if so, under what conditions.
5. At a public meeting, the city council decides whether to require (a) the assumption of a proportionate share of existing city debts by the area to be annexed; (b) a commitment from property owners to form a local improvement district (LID); and/or (c) jurisdiction of existing sewer and water districts.
6. After the city council accepts the notice of intent, it is referred to the planning commission to review the planning and zoning at a public hearing. The planning commission makes their recommendation to the city council for further hearings.
7. The city council holds the first of two public hearings to review the planning commission’s recommendations on the planning and zoning for the area to be annexed.
8. If approved, the council then instructs the applicant to prepare a petition for annexation signed by the property owners of not less than 60 percent of the assessed valuation of the property being annexed.
9. After the signatures on the petition for annexation are validated and found to be sufficient, a notice is sent to the Thurston County boundary review board.
10. The boundary review board holds a public meeting to decide if the annexation proposal should be approved.
11. After approval by the boundary review board, the city council holds its second public hearing. An ordinance for the annexation and zoning is prepared for council approval, as well as a resolution for amendment of the city’s comprehensive plan. The annexation ordinance is published in the newspaper and the annexation becomes effective five days after the publication date. Copies of the annexation ordinance are sent to various state and local government agencies. (Ord. 1089 § 1 (Exh. A), 2022; Ord. 1084 § 1 (Exh. A), 2022).
2.66.040 Preservation of neighborhoods.
The city should consider annexations that preserve established neighborhoods and community identity. The city may support individual area identity and citizen participation within newly annexed areas by:
A. Adopting land use controls in newly annexed areas which favorably characterize that particular area;
B. Encouraging and providing opportunities for a maximum degree of citizen participation in governmental planning and decision-making processes. (Ord. 1089 § 1 (Exh. A), 2022; Ord. 1084 § 1 (Exh. A), 2022; Ord. 414 § 3, 1991. Formerly 2.66.030).
2.66.050 Jurisdictional cooperation.
The city should cooperate with Thurston County and other jurisdictions in addressing area-wide comprehensive planning, zoning and service provision to areas outside its corporate limits that are included in its urban growth management boundary and sphere of influence.
A. When determined to be advantageous to the city, the city should assist in the creation of interlocal agreements to provide technical and financial support to planned urban areas within the city’s sphere of influence for the extension and improvement of public services and facilities.
B. The city should cooperate with Thurston County and other jurisdictions to establish uniform road and utility standards within adopted service areas of the city, in accordance with the Yelm/Thurston County joint plan.
C. The city should participate in the planning for areas outside its boundaries but within its sphere of influence to ensure that land uses are compatible with the Yelm comprehensive plan policies and land use designations. (Ord. 1089 § 1 (Exh. A), 2022; Ord. 1084 § 1 (Exh. A), 2022; Ord. 414 § 4, 1991. Formerly 2.66.040).
2.66.060 Annexation legislation.
The city should encourage the provision of more favorable urban annexation legislation to facilitate more orderly planning and growth of the city.
A. The city should support state legislation which improves, simplifies, and gives cities more authority in the annexation process.
B. The city should support state legislation to simplify boundary review board procedures and otherwise make annexations easier, while complying with the goals of SHB 2929 and SHB 1025.
C. The city should participate with other municipalities in proposed improved state legislation on annexation policy and procedure. (Ord. 1089 § 1 (Exh. A), 2022; Ord. 1084 § 1 (Exh. A), 2022; Ord. 414 § 5, 1991. Formerly 2.66.050).
2.66.070 Decision on annexation.
A. The decision to annex a property is vested in theA. The decision to annex a property is vested in the discretion of the Yelm city council. The acceptance of a notice of intent by the city represents a commitment by the city to process an annexation consistent with the requirements of the annexation procedures described above.
B. The decision to accept an annexation will depend upon the decision of the council that the applicant has adequately satisfied the requirements of the annexation ordinance and these annexation policies. Final acceptance of the annexation is within the sole discretion of the city upon a finding that the annexation, as proposed, is beneficial to the city and consistent with the city’s adopted plans and policies at the time the annexation request was considered for approval. (Ord. 1089 § 1 (Exh. A), 2022; Ord. 1084 § 1 (Exh. A), 2022; Ord. 414 § 6, 1991. Formerly 2.66.060).