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Home My WebLink About2010-028 Washington Heights Annexationiugiiuiuquiii 111111111111,1111181111IIIII1 1111J01 FILE# 7694518 YAKIMA COUNTY, WA. 06/15/2010 10:09:29AM ORDINANCE PAGES: 6 CITY OF YAKIMA PLANNING Recording Fee: 67.00 June 8, 2010 Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Ordinance No. 2010-28 Washington Heights Annexation Grantor: City of Yakima Grantee: The Public ABBREVIATED LEGAL DESCRIPTION: All those portions of Sections 31 and 32, Township 13 North, Range 18 East, W.M. being further described as follows: (see Exhibit 'B' of attached Ordinance for complete legal description). PARCEL NUMBERS: 18133113001 18133113002 18133113003 18133113004 18133113007 18133113008 18133223007 18133223008 18133223400 18133223401 18133223402 18133223403 18133232006 AN ORDINANCE ORDINANCE NO. 2010-28 concerning annexation; annexing the Washington Heights Annexation area to the City of Yakima; changing the Comprehensive Plan designation to Low Density Residential and the zoning to R-1, Single- family Residential; providing for notice to the WUTC of the City's intent to provide residential refuse collection and disposal service; assumption of the City's current indebtedness by properties in the Washington Heights Annexation area; and an effective date of July 4th, 2010. WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the Washington Heights Annexation hereinafter described; and WHEREAS, the City duly filed a notice of intention with the state Boundary Review Board for Yakima County (BRB) for the Washington Heights Annexation, and this matter came before the Board on March 5, 2010 for a public hearing and on April 16, 2010 the Board issued their findings and decision to approve this annexation; and WHEREAS, garbage and refuse collection within the Washington Heights Annexation area is presently being provided by Yakima Waste Systems, Inc., under authority issued by the Washington Utilities and Transportation Commission (WUTC) to both residential and commercial accounts and the City desires to provide such services to residential accounts only in accordance with RCW 35.13.280; and WHEREAS, RCW 35.13.280 requires the City to grant Yakima Waste Systems, Inc., as the current WUTC-authorized provider of garbage and refuse collection and disposal service within the Washington Heights Annexation area, a franchise to continue such service to residential properties within the Washington Heights Annexation area for a term of not less than seven years after annexation becomes effective. Such franchise does not apply to garbage and refuse generated by commercial establishments because the City does not provide or contract for such service. The City understands that collection and disposal services to all commercial accounts within the City is now subject to and shall remain under the authority of the WUTC and that, pursuant to state law, Yakima Waste Systems, Inc., shall, under its WUTC authority, continue to provide garbage and refuse collection and disposal services to all commercial accounts within the City, including such accounts in the Washington Heights Annexation area; and WHEREAS, RCW 35.13.280 requires the City to provide specific notice to the WUTC regarding the City's intent, pursuant to RCW 81.77.020, and subject to the provisions of RCW 35.13.280, to provide residential refuse collection and disposal service to the Washington Heights Annexation area; and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on May18, 2010 and, as a result thereof, finds: 1. The annexation petition requirements of RCW 35.13.120 have been satisfied by annexation petitions signed by the owners of not less than sixty percent in value according to the assessed valuation for general taxation of the Washington Heights Annexation area. 2. The Washington Heights Annexation area should- be annexed to the City of Yakima. 3. The Washington Heights Annexation area's Comprehensive Plan designation shall be changed to Low Density Residential and the zoning to R-1, Single-family Residential. 4. The owners of the real property within the Washington Heights Annexation area should be required to assume their pro rata share of the existing indebtedness of the City of Yakima. 5. The needs of the City and community do require the hereinafter set forth zoning classification, and the highest and best use for said property is as hereinafter determined; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. The property identified on the map attached hereto as Exhibit "A" and legally described in Exhibit "B", attached hereto and incorporated by reference herein, referred to below as the "Washington Heights Annexation," is hereby annexed to the City of Yakima, Washington. Section 2. The owners of the real property within the Washington Heights Annexation area shall be required to assume existing indebtedness of the City of Yakima. Section 3. The Washington Heights Annexation area's Comprehensive Plan designation shall be changed to Low Density Residential and the zoning to R-1, Single-family Residential. Section 4. The next regularly amended Zoning District Map prepared by and for the City of Yakima shall show the Washington Heights Annexation zoned and classified as set forth in Section 3 above and located within the jurisdiction of the City of Yakima. Section 5. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the County Auditor of Yakima County and with the Board of County Commissioners of Yakima County, Washington, and to transmit a certified copy of this ordinance to the Washington Utilities and Transportation Commission to notify it of the City's intent, pursuant to § 81.77.020 RCW, and subject to the provisions of § 35.13.280 RCW, to provide residential refuse collection and disposal service to the Washington Heights Annexation area. Section 6. The City Clerk is hereby authorized and directed to provide, as required by RCW 35.13.270, notification by certified mail that includes a list of the Assessor's Tax Parcel numbers of all properties within the Washington Heights Annexation, to the Yakima County Treasurer and Assessor at least thirty days before the effective date of the annexation. Section 7. There is hereby granted to Yakima Waste Systems, Inc., in accordance with and for the term provided by RCW 35.13.280, an exclusive franchise to provide garbage and refuse collection and disposal service to residential properties within the Washington Heights Annexation area, in accordance with the specific terms of Ordinance Nos. 3220 and 3445 of the City of Yakima and in accordance with the terms of the Franchise Agreement attached to Ordinance No. 3220 (amended by Ordinance No 3445) of the City of Yakima. Such franchise does not apply to garbage and refuse generated by commercial establishments because the City does not provide or contract for such service. The City understands that collection and disposal services to all commercial accounts within the City is now subject to and shall remain under the authority of the WUTC and that, pursuant to state law, Yakima Waste Systems, Inc., shall, under its WUTC authority, continue to provide garbage and refuse collection anddisposal services to all commercial accounts within the City, including such accounts in the Washington Heights Annexation area. Section 8. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 1st day of June, 2010. ATTEST: ) City Clerk Micah Cawley, Mayor Publication Date: June 4, 2010 Effective Date: July 4, 2010 Section 7 above is accepted by Franchisee this day of , 2010. Yakima Waste Systems, Inc. By: Signer's Name Printed: Signer's Title: 1 •`� �+�..,�aims: i 111116mal . 1... is t INi_-�;■ IMM MM; Mim. MUM IN 'IMM! UNI _, NM; i • ■•w*Mill PP MI ••••••••■■1111 immultowann r, r _woman= � Lpiumimig Ir_ ►li�� 111\ 1 /1 ,rI Washington Heights Annexation Ordinance # 2010-28 Exhibit A ®Annexations Assessor.DBO.Parcels City Limits Boundary 1 400 200 0 400 Feet ■ ■ LEGAL DESCRIPTION FOR THE WASHINGTON HEIGHTS ANNEXATION All those portions of Sections 31 and 32, Township 13 North, Range 18 East, W.M. being further described as follows: Beginning at a point on the city limits of the city of Yakima, said point being the Southwest corner of Lot 29 of the plat of Washington Heights Phase 1, recorded under Auditor's File No 7662413 records of Yakima County, Washington; thence Westerly along the South line of the North half of the Northwest Quarter of the Southwest Quarter of Section 32 to • the West line of said Section 32; thence Northerly along the aforesaid West line to the Northwest corner of the Southwest Quarter of Section 32; thence Westerly along the South line of the Northeast Quarter of Section 31 to the Southwest comer of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter; thence Northerly along the West line to the Northwest Comer of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter; thence Westerly along the North line of the South Half of the South Half of the Northeast Quarter of Section 31 to the West line of the Northeast quarter of said section; thence Northerly along the aforesaid West line to the North right-of-way line of Zier Road; thence Easterly along said North right-of-way line to the west right-of-way line of South 80th Avenue; thence Southerly to the South right-of- way line of Zier Road; thence Easterly along the aforesaid South line to the Northeast corner of Lot 4 of Short Plat 88-33; thence Southerly along the East line of said Lot to the Northeast corner of Lot 16 of Washington Heights Phase 1; thence Westerly and Southerly following along the Western boundary of the plat of Washington Heights Phase 1 to the Southwest corner of Lot 29 and the point of beginning. Yakima County Public Works Department Checked for accuracy of Legal Description only: • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 For Meeting Of: June 1, 2010 ITEM TITLE: Public Hearing and consideration of an Ordinance accepting the Washington Heights Annexation SUBMITTED BY: Michael A. Morales, Director of Community Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Supervising Planner, 575-6042 SUMMARY EXPLANATION: Washington Heights Annexation Chronology: • May 19, 2009 this annexation is initiated at the request of several area property owners as the Washington Heights Annexation, Petition No. 09-02. • September 14, 2009 Yakima County requests that the Boundary Review Board invoke their jurisdiction and hold a public hearing. The stated reason for their request was that the annexation was not Targe enough. • October 20, 2009 Petition No. 09-02 is withdrawn and replaced with Petition No. 09-06 which included additional area and closed a gap between the annexation area and Zier Road. • March 5, 2010 the BRB held a public hearing on this annexation at which time Yakima County withdrew their request for a hearing and the BRB voted unanimously to permit this annexation to move forward. The formal written decision on this matter was signed on April 16, 2010. • May18, 2010 a hearing date of June 1, 2010 is set for the public hearing on this annexation. Resolution — Ordinance X Contract _ Other (Specify) Map Funding Source N/A APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Accept Petition No 09-06 for the Washington Heights Annexation and passing the ordinance. BOARD RECOMMENDATION: On March 5, 2009 the Yakima County Boundary Review Board voted unanimously to approve this annexation and their formal ratification was signed on April 16, 2010. COUNCIL ACTION: (Continued) The petitions submitted requesting this annexation represent 76.57% of the area's assessed value. The annexation area consists of 13 tax parcels (see map) is approximately 118 acres in size, has an estimated population of 13 and 2010 assessed valuation of $3,916,850. (cont.) Under the terms of RCW 35.13.130 and 35.13.140 the City Council may hold a public hearing to entertain and consider the approval or disapproval of a proposed annexation when Outside Utility Agreements and petitions for annexation have been received by the city, signed by owners of not less than 60 % in value according to the assessed valuation for general taxation of the property for which annexation is petitioned. The annexation ordinance includes a statement concerning the annexed area's. obligation to assume its portion of the city's bonded indebtedness and that the comprehensive plan designation will be Low Density Residential and the zoning classification will be R-1, Single - Family Residential. The City will not receive property taxes from this area until 2011 but will receive distributions of the county road tax in 2010. Following the public hearing the Council shall determine by ordinance whether annexation shall be made (RCW 35.13.150). • t_1-1 Jllpvynan .1111111111111111. nRnwAr�en. .. ■ -- MN- ■. — l.. r Nor ra •'r ■ _ .a:ai�,i:11111 r :� ■MM M 111. Nita 11 0-.pIi 1111 rr '111 MEW wig MIRA ORLI MUT LIE =f 411 1=1.1 WektvF OA 111{ 1 9umnm{► il1e rliPne � ....r...7r11 MU min 1111�i. � �Ifilirr. MUM I :1ri pr pa i % ►•� 4 ��.ii.1{u uu.uII � riruy miff I,� .■u..��' �� • 111i11: U iIIril I11 �� ■ -1 I� •�� 111 ■� '„;{_a -111,,,,,,,,,,. ...!iii!1I MI 111111 11111 mu•IllEr mg.■1 _ I.�, ..� IEE a 111E111 W T;n, A I MN - L I 1 11 I I [1 11 1 1 1 1 1 I1 1 I U 1 r■ 1.1.11 vrervzo imam*,�i 411 �n u{.. ie IO#4 ., ars saM ma. . r _ Iiii mil 4 ilial al MN t, In=:1_ limp 11 I �r Wna i,u. 1111, WASHINGTON HEIGHTS ANNEXATION Yakima City Limits Annexation Area o lsoo Created: 10 washhah102109 • WASHINGTON HEIGHTS ANNEXATION Yakima City Limits r FEMA 100 Year Floodplain — Sewer Lines — Nob Hill Water Lines • Annexation Area Approx. 118 acres N tkti4't Yip a. e "e `/ °Nets 111• S Scale —tin = 800ft 0 400 800 Created: October 21, 2009 "V Firry of w r Zekij / r d FA VI 0°0 V FrAir I aim" 44/oriv:AA4 4,40zolitivi.... i ,v r 4w4i mil /7 F 'Mill A/ „to A. .-"r"ror for- w,4r49-#•-opo- 4e- v- v- v #v" • • Phi\ AZor •# 4* • ri101 ii:.OW.41 ��A11 f1A ■ • 11111111 �� ■ ■N ��. mi MI ML ■ 0 Nub WIZ in me, 1....-,E ,,„-L4 .9 ...-, tr`3■M!■C� III�• Innana■ WILLOW Pt EMI 1111111111111 111 Mitrani .■1. err •f�Nor r ♦♦ ♦ ♦♦ ♦ •#4,♦♦ ♦ ♦♦ ♦ 41:1111L Adr, --♦•-•4#A • •�.A � z�IIIIIIIL■1 Vr AO Aed. ..• 4 9'40 or or/6r egerle may dry— 111111111111111011 au my 11 r41 111111 1 w.yy A0d// /11 • ,r,ArA did AO ■■ ■MMIM '■11/ wimi"Turnoling. whIlumap ■ ■ ■ ■ •■ 1 N h u) IMO 111111.= 12,1411111111111111 141 A 1 1 WASHINGTON HEIGHTS ANNEXATION FUTURE LAND USE Low Density Residential Medium Density Residential High Density Residential Professional Office ® Neighborhood Commercial Large Convenience Center Arterial Commercial CAD Core Commercial Industrial Regional Commercial Urban Rescrve Yakima City Limits 5 ei Yap tar ocr • 17:10 Cf es °,foal° Scale —I in = 800ft 000 Created: &lob 9 1 \ \ \\ \\ \ • \:\ \ wheountyzone • WASHINGTON HEIGHTS ANNEXATION ZONING Yakima City Limits CURRENT ZONING SR Suburban Residential R-1 Single -Family Residential R-2 Two -Family Residential R-3 Multifamily Residential B -I Professional Business 13-2 Local Business ■ HB Historical Business SCC Small Convenience Center LCC Large Convenience Center CBD Central Business Distnct GC General Commercial M -I Light Industrial AS Airport Support RD Regional Development s 01 V4 � C.14" c` ° +t�• Ts 8n $•` Scale -lin = SOOft 0 400 800 Crewed October 21, 2009 • April 16, 2010 WASHINGTON STATE BOUNDARY REVIEW BOARD FOR YAKIMA COUNTY 128 North Second Street Fourth Floor Courthouse Yakima, Washington 98901 Mr. Bruce Benson City of Yakima 129 N. Second Street Yakima, WA 98901 (509) 574-2300 • FAX (509) 574-2301 Re: File No.: BRB 09-009 — City of Yakima/ WA Heights Annexation Dear Mr. Benson: City of Yakima Bruce Benson RECEIVED -APP:d 92010 CITY OF YAKIMA PLANNING DIV. Enclosed is the final written decision from the Boundary Review Board on the City of Yakima's WA Heights Annexation dated April 16, 2010. There is a 30 -day appeal period following the signage of this decision to Superior Court. If there is no appeal you can proceed with the process for your final Ordinance per the instructions below. In order to expedite the final filing process, please mail or bring me an original of your final ordinance along with the filing fee of $62.00 for the first page and $1.00 for each additional page. The Auditor's Office has certain requirements for recording documents (i.e. original signature & seal pages, with a 1" margin on all sides). Don't forget to include the cover page for filing purposes which includes all parcel numbers. Please make your check payable to "Yakima County". Be sure the final ordinance contains the following: Effective date of annexation Initiator's seal & notarized A map of the annexation area i Signed and dated final approval of the legal description by the Engineering Services Manager from the Public Works Department. We will file the ordinance with the County Auditor and distribute the copies for you. The original recorded ordinance will be returned to you within a week after it has been microfilmed and checked. If you have any questions, please give me a call. • Yakima County ensures full compliance wit, Tide VI glaze Civil Rights Act of 1964 by prohibiting discrimination against any person on the basis of race, color, national origin, or sex in the provision of benefits and services resulting from its federally assisted programs and activities. For questions regarding Yakima County's Title VI Program, you may contact the Title Vi Coordinator at 509-574-2300. If this letter pertains to a meeting and you need special accommodations, please call us at 509-574-2300 by 10.00 a.m. three da .s prior to the meeting. For TDD fusers, please use the State's toll free relay service 1-800-833-6388 and ask the operator to dial 509-574-2300. If you have any questions, please feel free to give me a call at 574-2300. Sincerely, ,(' C.J. CATT Clerk of the Board cc: Board of County Commissioners Parties of Record \1)t t('ISlltrVT1\ 1".I;,(u ( 1('.}.3RIV.200(Y,.09-0(14 I our;yuareI-lerchrcin_I-iRf Hcaring.1.4cc)sior1.111•Aiuu 0 • • • .2. YAKIMA COUNTY'S POSITION In its letter of December 7, 2009, Yakima County requested that the Board take jurisdiction over the proposed annexation in order to facilitate closer review of the resulting boundaries and the status of DID#41. The County expressed concern that with the proposed annexation, forty-six percent (46%) of DID#41 area, and all of its pipe infrastructure will be within the City of Yakima. The County requested that the Board assign the operation, maintenance and ownership of DID#41 infrastructure to the City of Yakima. The County further expressed concern that the ramifications of development of the area to be annexed are undetermined since the transportation connection of Zier to Coolidge Road via South 80th Avenue is left in County jurisdiction. The County requested that the BRB either deny the request or defer action of the proposed annexation in order to allow the City and County legislative bodies to hold public hearings to.consider whether to annex the entire area between Zier and Coolidge Roads. Such action would allow the full impacts of the design of the Washington Heights Subdivision to be evaluated and the logical layout of infrastructure undertaken. By letter dated February 26, 2010, addressed to the Mayor and Yakima City Council, the Board of Yakima County Commissioners expressed a willingness to withdraw objections to the annexation if the City declared an annexation moratorium for the next 12 months. The moratorium would allow the City/County intergovernmental committee to develop common annexation strategies promoting smoother transition of GMA obligations and cohesive development standards. As indicated above, the County presented no testimony or argument at the BRB hearing and indicated it was the County's intention to let the annexation proceed. 3. CITY OF YAKIMA'S POSITION The City points out that the County's concerns regarding logical layout of infrastructure were addressed by the Board previously in the Hochrein/Four Square Church Annexation which the Board approved by Decision dated January 10, 2010. The City further points out the issue concerning DID#41 as raised by the County for the first time in this proceeding even though previous annexations have also included DID territory. The City asserts that the County should prepare a legal brief for submission to the City Council which may then decide to accept or reject the County's offer to transfer DID facilities and responsibilities to the City. [2] WASHINGTON STATE BOUNDARY REVIEW BOARD FOR YAKIMA COUNTY IN THE MATTER OF APPROVING THE ) FINDINGS AND DECISION PROPOSED CITY OF YAKIMA ) WASHINGTON HEIGHTS ANNEXATION BRB File No. 2009-009 This matter came before the Board on March 5, 2010, for a public hearing on the request made by Yakima County for review of the Washington Heights Annexation as proposed by the City of Yakima. At the commencement of the hearing, Steve Erickson, Yakima County Planning Director, speaking on behalf of Yakima County, told the Board that the County did not intend to offer argument or testimony in opposition to the proposal. The Board heard brief testimony and argument in favor of the proposed annexation from Bruce Benson, City of Yakima Supervising Planner. In addition to the testimony received at the hearing, the Board considered the contents of the files and exhibits submitted during the hearing. SUMMARY OF DECISION The Board finds that the proposal furthers the statutory objectives of: Preservation of natural neighborhoods and communities; utilization of physical boundaries; creation and preservation of logical service areas; and prevention of abnormally irregular boundaries. The proposed annexation is approved. 1. FINDINGS The proposed annexation consists of approximately 118 acres located to the west of the Plat of Valleybrook, south of Zier Road and north of Coolidge Road. The assessed valuation of the area is $3,916,850.00. Existing land uses in the proposed annexation area and in the surrounding area, are residential and agricultural. The existing population is approximately 15 persons. The annexation was initiated by petitioners owning real property comprising approximately seventy-four percent (74%) of the assessed value of the area. [1] • • 4.3 Applicable interlocal annexation agreements between a county and its cities. The City and County have agreed, both in the 1976 Four -Party Agreement and the 2000 Agreement for GMA Implementation, that developed areas like the Washington Heights Annexation are appropriate for annexation. In the 1997 Urban Area Comprehensive Plan, the City and County agreed to "promote growth and development through periodic and systematic annexations" of land that has "short term development potential, and can be easily serviced by community services". 4.4 The likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next. ten years. As a matter of state andlocal intergovernmental policy, the Urban Growth Area established pursuant to the GMA is expected to grow and urbanize within the next twenty years. As a practical matter, the likelihood of significant growth in the area of the proposed annexation and in adjacent incorporated and unincorporated areas during the next ten years is high. The incorporated area immediately east of the Washington Heights annexation is already characterized by substantial growth and expanded urban development. 4.5 Municipal services and effect on other governmental units. As mentioned above, fire protection to the annexation area is already provided by the City of Yakima pursuant to the Interlocal Agreement with Fire Protection District No. 12. Upon annexation, the City of Yakima Police Department will provide police protection in place of the Yakima County Sheriff's Department. The Yakima Police Department has adequate resources to provide urban level police protection to the area. Domestic water service is currently provided to the annexation area by Nob Hill Water Association, which will continue to do so following annexation. The City of Yakima already provides wastewater service to the area pursuant to the terms of the 1976 Four -Party Agreement. Upon annexation, the City of Yakima's Transit System will be extended into the area. The area is within the West Valley School District and will remain so following annexation. [4] 4. RCW 36.93.170 Factors 4.1 The population and territory; population density; land area and land uses; comprehensive plans and zoning; comprehensive plans and development regulations. As indication above, the current population of the annexation area is extremely small and the population density is significantly less than one (1) person per acre. However, adjoining areas are developed to urban densities and a residential subdivision known as Washington Heights is proposed for the annexation area. The area is within the City of Yakima urban growth area and is currently zoned R1 single family residential. The draft West Valley Neighborhood Plan has designated the annexation area for medium density residential development. The residents and property owners in the area share many of the urban services and amenities enjoyed by city residents and property owners, and as development continues in the area it will become increasingly urbanized. 4.2 The applicable service agreements entered into under Chapter 36.115 or 39.34 RCW. The 1976 Four -Party Agreement has structured extension of sewer service to the West Valley area in which the proposed annexation is located. As a consequence, many unincorporated properties have been developed with residences, businesses and other uses that require wastewater collection and treatment. In 2004, the City of Yakima entered into an "Interlocal Agreement Between the City of Yakima and Yakima County Fire Protection District No. 12 for Use and Maintenance of Fire Station No. 1" under which the Yakima Fire Department and the Fire District jointly occupy and use the fire station (then owned by the District and now owned by the City of Yakima) and located at 7707 Tieton Drive. Under the terms of that interlocal Agreement, the City of Yakima Fire Department provides first response fire protection and emergency service in all of the proposed annexation area. Additionally, and consistent with RCW 39.34, the City and County share certain mutual aid Agreements to allow the two jurisdictions to cooperate when providing police and fire services within the entire Yakima Urban Growth Area. Pursuant to these Agreements, the City of Yakima is already positioned to serve the annexation area in emergencies. [31 • • • 4.6 The effect of the proposal or alternative on adjacent areas, on mutual economic and social interests, and on the local governmental structure of the county. The annexation will bring this developing area into the City. This is appropriate under the GMA and other state policies that make cities the preferred providers of governmental services in urban areas. The City will represent and govern residents and property owners whose lives and businesses are essentially joined in a community that already centers around the City of Yakima. By bringing these urbanized residents into the City, they will be afforded a voice in the local government and an opportunity to influence their City's future. 5. RCW 36.93.180 OBJECTIVES The Board finds that the proposed annexation furthers the statutory objective of preservation of natural neighborhoods and communities because it will enhance the sense of community for those residing in the area by making them citizens of a unified and incorporated city. Annexation area residents will be able to vote in City Council elections and will be able to influence decisions that affect their immediate neighborhoods. The Board further finds that the proposed annexation furthers the statutory objective of using physical boundaries in that the proposed annexation boundary utilizes the existing City limits, streets and property legal descriptions. The Board further finds that the proposed annexation furthers the statutory objective of creation and preservation of logical service areas in that it would preserve the urban services already enjoyed by residents in the area and improve the quality of other services to urban standards. The GMA's preference for cities to provide services in urban areas makes annexation logical for areas adjacent to the City within the GMA Urban Growth Areas. The Board further finds that the proposal furthers the statutory objective of prevention of abnormally irregular boundaries in that the annexation is contiguous to the existing City limits at more than a single point, it does not create an island of unincorporated or incorporated territory and "shoestring boundaries" are neither proposed nor created. The boundaries are not so irregular as to make the provision of urban level services unfeasible. [5] • DECISION The City of Yakima's proposed Washington Heights Annexation is hereby approved. Done this /(,. day of April 2010. ATTEST: Clerk of, the Board (;j ill,, C. J. CATT WASHINGTON STATE BOUNDARY REVIEW BOARD FOR YAKIMA COUNTY N PUCCINELLI, CHAIR 1 RICE, ME T JI L, MEMBER JCS-ELEN THOMAS, " MEMBER [6] WASHINGTON STATE BOUNDARY REVIEW BOARD FOR YA IMA COUNTY CITY OF YAKIMA PREHEARING STATEMENT Washington Heights Annexation BRB File No. 2009-009 For Hearing on March 5, 2010 WASHINGTON STATE BOUNDARY REVIEW BOARD FOR YAKIMA COUNTY CITY OF YAKIMA'S PREHEARING STATEMENT Washington Heights Annexation BRB File No. 2009-009 For Hearing on March 5, 2010 CONTENTS I. INTRODUCTION 3 II. RCW 36.93.170 Factors A. Population and territory; population density; land area and land uses; comprehensive plans and zoning ... ; comprehensive plans and development regulations. 4 B. Applicable service agreements entered into under RCW 36.115 or 39.34 4 C. Applicable interlocal annexation agreements between a county and its cities.. 5 D. E. F. The likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years 5 Municipal services, need for municipal services; ... present cost and adequacy of governmental services and controls in 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 6 The effect of the proposal or alternative on adjacent areas, on mutual economic and social interests, and on the local governmental structure of the county 7 III. RCW 36.93.180 OBJECTIVES 8 A. Preservation of natural neighborhoods and communities. 8 1.The Annexation does not involve a distinct geographic area 8 2.The Annexation does not involve a socially or geographically distinct group of residents 8 B. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours 9 C. Creation and preservation of logical service areas 9 D. Prevention of abnormally irregular boundaries 11 CITY OF YAKIMA'S PREHEARING STATEMENT 1 WASHINGTON HEIGHTS ANNEXATION • O • F. Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities in excess of ten thousand population, in heavily populated urban areas 11 Dissolution of inactive special purpose districts 11 G. Adjustment of impractical boundaries 10 H. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character 10 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 11 IV. COUNTY OBJECTIONS 12 V. ADDENDUM 12 VI. CONCLUSION 12 CITY OF YAKIMA'S PREHEARING STATEMENT WASHINGTON HEIGHTS ANNEXATION EXHI BITS 1. Map showing relationship of Washington Heights to other recently completed or proposed annexations. 2. Map showing the original and enlarged Washington Heights Annexation 3.Zoning map of Washington Heights Annexation area 4. Map showing the overlap of the Yakima Fire Department's contractual service area in relation to the Washington Heights Annexation 5.Maps showing Police and Fire Mutual Aid responses. 6.Map of wastewater service and domestic waterlines in the area of the Washington Heights Annexation 7-A Draft West Valley Neighborhood Plan Map 12 - Stream Types; Floodplains 7-B Draft West Valley Neighborhood Plan Map 13 - Stream Types; Wetlands 7-C Map depicting topography of the annexation area. 8. Washington Heights Phasing Plan 9.Draft West Valley Neighborhood Plan Future Land Use map of Washington Heights Annexation area. 411 10. Map showing the current DID's in and around Yakima. 11.Map showing the city limits of other cities in Yakima County. 12.Letter dated August 21, 2009 requesting that the Boundary Review Board invoke jurisdiction and hold a public hearing to consider the denial or postponement of this annexation. 13.Letter from the Yakima County Commissioners dated February 17, 2010 requesting that the City of Yakima defer the hearing on the Washington Heights Annexation. I. INTRODUCTION The Washington Heights Annexation is located one half mile to the south of the Foursquare Church/Hochrein Annexation (see Exhibit 1,) which was the subject of your hearing held last December 10th. Because of the closeness in both time and distance of these two annexations the testimony and exhibits presented at the earlier hearing remain relevant to this annexation. Consequently, please refer to our earlier submission for the pertinent background materials related to past annexation policy, the Growth Management Act and the various and sundry other planning agreements which preceded this annexation. The Washington Heights annexation consists 118 acres of land divided into 13 parcels. These parcels have a current assessed value of $3,950,580. Annexation petitions have been received from the owner's of 74% of this value and consequently the statutory 60% required for annexation has been exceeded. CITY OF YAKIMA'S PREHEARING STATEMENT WASHINGTON HEIGHTS ANNEXATION 3 • • • • A map showing the proposed Washington Heights Annexation is attached as Exhibit 2. The proposed annexation lies entirely within the Yakima Urban Growth Area established by Yakima County pursuant to chapter 36.70A RCW, the Growth Management Act ("GMA"). See Map 2. The proposed Washington Heights Annexation area is residentially zoned (Exhibit 3) under Yakima County's rural zoning regulations. Upon annexation Yakima County's rural land use designation and zoning would be changed to conform to the Yakima Urban Area's land use and zoning designations. It is the contention of the City of Yakima that its Washington Heights Annexation is consistent with the GMA, as is required by RCW 36.93.157 and that this annexation should be approved because, after consideration of the factors identified by RCW 36.93.170, approval will appropriately promote the annexation objectives set forth in RCW 36.93.180. The City of Yakima submits this Prehearing Statement to provide a preliminary demonstration of how the proposed Washington Heights Annexation is consistent with the GMA as well as with the statutory factors and objectives that structure the Board's review. The City also provides specific responses to the several concerns raised by Yakima County in their letter to the Board dated August 21, 2009 (Exhibit 13.) II. RCW 36.93.170 FACTORS. RCW 36.93.170 provides that, "[i]n reaching a decision on a proposal or an alternative, the board shall consider the factors affecting such proposal" and identifies a number of such factors. As discussed below, consideration of these factors favors approval of the Washington Heights Annexation. A. Population and territory; population density; land area and land uses; comprehensive plans and zoning . . . ; comprehensive plans and development regulations. . . . RCW 36.93.170(1). This proposed annexation involves land the City and County have identified as being within the Yakima Urban Area since the 1976 Four -Party Agreement. Accordingly the County and City have long engaged in coordinated comprehensive planning and zoning for this area. This is an area that is included in the County's Draft West Valley Neighborhood Plan and therefore zoning and land use regulations will be changing regardless of the outcome of this annexation. The residents and property owners in this area share many of the urban services and amenities enjoyed by City residents and property owners, and as development continues in this area, it will become increasingly urbanized. The Draft West Valley Neighborhood Plan has designated the annexation area for low density, residential development. B. Applicable service agreements entered into under chapter 36.115 or 39.34 RCW. RCW 36.93.170(1). The 1976 Four -Party Agreement has structured extension of sewer service to the West Valley area in which the proposed annexation is located. As a consequence, many unincorporated properties have been developed with residences, businesses, and other uses that require wastewater collection and treatment. This development has resulted in CITY OF YAKIMA'S PREHEARING STATEMENT 4 WASHINGTON HEIGHTS ANNEXATION dramatic increases in taxable assessed values in the West Valley. Yakima County has benefited significantly from this growth in assessed values because it levies property taxes and road taxes upon unincorporated properties. In addition, retail sales taxes for construction on unincorporated property are paid to Yakima County. On June 1, 2004, the City entered into an "Interlocal Agreement Between City of Yakima and Yakima County Fire Protection District No. 12 for Use and Maintenance of Fire Station No. 1" under which the Yakima Fire Department and FPD #12 jointly occupy and use the fire station (then owned by FPD #12 and now by the City of Yakima) and located at 7707 Tieton Drive, Yakima, Washington. A map (Exhibit 5) showing the overlap of the Yakima Fire Department's contractual service area in relation to the Washington Heights Annexation is attached. Because the City's firefighters are on duty 24 hours a day, they are effectively the "first responders" to the annexation area. Thus, the Yakima Fire Department is already providing an urban level of fire protection and emergency services to the major portion of this rapidly developing area. This would continue and become permanent if the Board and City Council approve this annexation. Additionally, and consistent with RCW Chapter 39.34, the City and the County share certain "mutual aid" agreements that allow the two jurisdictions to cooperate when providing police and fire services within the entire Yakima Urban Growth Area. Pursuant to these agreements, the City is already positioned to serve the annexation area in emergencies. Upon completion of the proposed annexation, the City of Yakima Police Department will relieve the Yakima Sheriff's Office of law enforcement responsibilities in this area (Exhibit 6 Map showing Mutual Aid responses in 2008.) The City is not aware of any other relevant agreements between the County, cities and special districts within the County. C. Applicable interlocal annexation agreements between a county and its cities. RCW 36.93.170(1). As discussed above, the City and County have agreed, both in the 1976 Four -Party Agreement and the 2000 Agreement for GMA Implementation, that developed areas like the Washington Heights Annexation are appropriate for annexation. In the 1997 Comp Plan, the City and County (Note: the County has not yet adopted the state required 2007 update of the Urban Area Comprehensive Plan nor a final West Valley Neighborhood Plan) agreed to "promote growth and development through periodic and systematic annexations" of land that has "short-term development potential and can be easily serviced by community services." Comp Plan Objective G8 and Policy G8.1. D. The likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years. RCW 36.93.170(1). As a matter of state and local governmental policy, the Urban Growth Area established pursuant to the GMA is expected to grow and urbanize within the next twenty years. As a practical matter, the likelihood of significant growth in the area of the proposed annexation and in adjacent incorporated and unincorporated areas during the next ten years is high. The incorporated area immediately east of this annexation is already characterized by new and expanding urban development. CITY OF YAKIMA'S PREHEARING STATEMENT 5 WASHINGTON HEIGHTS ANNEXATION • O • • • • E. Municipal services, need for municipal services; . . . present cost and adequacy of governmental services and controls in 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. RCW 36.93.170(2). Consideration of these factors favors approval of the proposed annexation. Provision of municipal services, which has long been a factor in BRB review, is dearly also a concern in the GMA, which specifically identifies a number of services as "urban governmental services." RCW 36.70A.030 (20) provides: "Urban governmental services" or "urban services" include those public services and public facilities at an intensity historically and typically provided in cities, specifically including storm and sanitary sewer systems, domestic water systems, street cleaning services, fireand police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with rural areas. As stated above, annexation is consistent with the GMA's policy that cities are the most appropriate unit of local government to provide urban governmental services. RCW 36.70A.110 (4). GMA distinguishes urban and rural services, including police and fire protection, by providing that in urban contexts these and other services are provided at an "intensity historically and typically provided in cities," as opposed to rural contexts where, if they are provided at all, they are provided "at an intensity usually found in rural areas." Compare RCW 36.70A.030 (17): "Rural governmental services" or "rural services" include those public services and public facilities historically and typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire and police protection services, transportation and public transit services, and other public utilities associated with rural development and normally not associated with urban areas. Rural services do not include storm or sanitary sewers, except as otherwise authorized by RCW 36.70A.110 (4)." The following discussion addresses urban governmental services specifically mentioned in RCW 36.70A.030 (20). Fire Protection In the past, fire protection services to the Washington Heights Annexation area were primarily provided as a fundamentally rural service by FPD #12, based primarily on volunteer firefighters and a few full-time professionals. As provided in RCW 52.02.020, fire protection districts like FPD #12 are authorized to protect life and property "outside of cities." As discussed above, that has recently changed. Under the Interlocal Agreement with FPD #12 the Yakima Fire Department is currently providing urban fire protection and emergency services to all of the Washington Heights Annexation area. Approval of the annexation would make the City's provision of urban services permanent as opposed to contractual in nature. CITY OF YAKIMA'S PREHEARING STATEMENT 6 WASHINGTON HEIGHTS ANNEXATION Police Protection Police protection in the subject area is now provided by the Yakima County Sheriff's Office ("YSO"), a rural law enforcement unit. The City of Yakima Police Department ("YPD") brings to bear an urban police force comprised of approximately 143 commissioned full-time police officers and 20-25 reserve police officers. This allows YPD to provide more law enforcement officers per capita and per square mile to the Washington Heights Annexation than is currently provided by YSO. Specifically, YPD has between six and twenty officers on patrol at any one time for an area of about 27.8 square miles (the number of officers varies depending on the particular shift and time of day). On the other hand, YSO typically has only four or five deputies on patrol for the entire upper Yakima County area, which consists of. approximately 360 square miles. Additionally, the Yakima Police Department has specialized patrol resources unavailable to YSO (e.g., motorcycle traffic enforcement units, less lethal apprehension weapons, SWAT Team, and police K-9 units). Domestic Water System Domestic water is provided to this area by Nob Hill Water Association under a franchise granted by City of Yakima Ordinance No. 93-86 (Exhibit 7) and will not be changed by annexation. Wastewater System Pursuant to the 1976 Four -Party Agreement, the City has and will continue to provide wastewater collection and treatment to the area of the proposed Washington Heights Annexation. The existing City sewer lines are shown on a map attached as Exhibit 7. Additionally, all new development within the Washington Heights Annexation area will have access to and be required to utilize Yakima's wastewater system. Public Schools There will be no changes in public school boundaries. Public Transit Services The nearest that the City of Yakima Transit System presently comes to this annexation is at the intersection of S 72nd Avenue and Washington Avenue which already serves the areas adjacent to this annexation with a transit route along Tieton Drive. The effect of the proposal or alternative on adjacent areas, on mutual economic and social interests, and on the local governmental structure of the county. RCW 36.93.170(3). This annexation will bring this, as yet, largely undeveloped area into the City. Presently there are but few residents who will be initially affected by this annexation. For those currently in residence and any new residents, the City will represent and govern the residents and property owners whose lives and businesses are essentially joined in a community that is already centered on the City of Yakima. RCW 36.93.180 OBJECTIVES RCW 36.93.180 provides: "[t]he decisions of the boundary review board shall attempt to achieve [certain] objectives." The following discussion addresses the proposed annexation CITY OF YAKIMA'S PREHEARING STATEMENT 7 WASHINGTON HEIGHTS ANNEXATION • • • • • with emphasis on two of the most important objectives, without repeating the preceding analysis of RCW 36.93.170 factors. The proposed annexation is appropriate relative to the other RCW 36.93.180 objectives. A. Preservation of natural neighborhoods and communities. The proposed annexation will further this objective because it will enhance the sense of community for those residing in the area by making them citizens of a unified and incorporated city. Annexation area residents will be able to vote in City Council elections and will be able to influence decisions that affect their immediate neighborhood. B. The Annexation does not involve a distinct geographic area. The Comprehensive Plan Natural Environment Chapter demonstrates that the proposed annexation area is not distinct geographically. Draft Comp Plan Map 12 (Exhibit 8-A) identifies stream types and floodplains, Draft Comp Plan Map 13 (Exhibit 8-B), identifies streams and wetlands and does not identify any unique water features that separate the proposed annexation area from the City. The topography map (Exhibit 8-C) indicates a terrain that is hilly. Terrain issues will need to be fully considered at the time of development but there is nothing in the way of geologic hazards, bluffs or other natural features that would preclude responsible development. In any case, the terrain is one feature that would remain unchanged regardless of jurisdiction. C. The Annexation does not involve a socially or geographically distinct group of residents. Future Land Use and Zoning. Approximately 40 acres of the proposed annexation area is not yet subject to the City and County's shared future land use planning and zoning regulations. Consequently, the Washington Heights Annexation will come under this shared plan upon annexation or the completion of the West Valley Neighborhood Plan, whichever comes first. This change will probably not affect the status quo because the substantive portions of the existing zoning regulations and the new regulations are effectively the same. (See draft Future Land Use Map Exhibit 9.) Schools. Like the nearby City area, the Washington Heights Annexation is and will remain served by the West Valley School District. Parks. No parks are located within the proposed annexation area; West Valley Neighborhood Park, transferred to the city in 2006, is the closest. Libraries. Both the annexation area and the surrounding city area are served by the Yakima Valley Regional Library. A library branch is located nearby within the Chalet Mall located at 56th Avenue and Summitview. Other Community Facilities. The annexation area is served by the same community facilities, including post offices, existing and planned shopping centers, and hospitals, that are within and serve the nearby City area. Shopping. Under the current zoning designation no businesses would be permitted within the Washington Heights Annexation. Shopping opportunities are provided by a number of existing retail and grocery stores located nearby within the City of Yakima, e.g., The Orchards Shopping Center on S. 72nd Avenue and Tieton Drive, Meadowbrook Mall at S 72nd Avenue CITY OF YAKIMA'S PREHEARING STATEMENT 8 WASHINGTON HEIGHTS ANNEXATION and Nob Hill Boulevard, as well as several new shopping opportunities under development at S 64th Avenue and Nob Hill Boulevard Zip Code. The 98908 postal "zip" code serves both the annexation area and nearby City area. D. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours. This annexation boundary utilizes the existing City limits, streets and property legal descriptions. E. Creation and preservation of logical service areas. Annexation will promote this goal as it preserves urban services already enjoyed by residents of the area (library, schools, water, transit, fire protection and emergency services, and wastewater collection and treatment (most residences) or improves the quality of services to urban standards (police, planning, streets, animal control, among others). The GMA's preference for cities to provide services in urban areas makes annexation logical for areas adjacent to the City within the GMA Urban Growth Area. Wastewater service. The City's wastewater system extends to the area. Annexation will ensure that new residential developments are served by an urban system of wastewater collection and treatment, as opposed to less desirable septic systems. In fact, the existence of numerous septic systems in close proximity potentially threatens groundwater quality. The few remaining properties now using septic systems will be required to connect to the City's system if and when the existing septic systems fail. Annexation will help ensure a more effective transition from septic systems to the City wastewater system, at a lower connection and service cost to customers within the annexation. Water service. The annexation area is served by the Nob Hill Water Association. Nob Hill Water Association domestic water service in the City of Yakima is provided under a franchise agreement. Nob Hill Water Association has stated that it has sufficient water capacity to continue to serve current residences and any expected new development in the proposed Washington Heights Annexation. Fire and Police Protection. The status of fire protection services is discussed above. The Yakima Fire Department currently provides fire protection and emergency services to the area through a contractual arrangement with FPD #12. Annexation will ensure that urban fire protection and emergency services are provided on a permanent basis, which is appropriate as a consequence of growth and urbanization in the subject area. Police protection will change from a rural service provided by the Yakima County Sheriff's Office to the urban law enforcement service of the Yakima Police Department. Bus service. The area adjacent to the annexation is currently served by the City of Yakima Transit System with the nearest stop located at S 72nd Avenue and Washington Avenue. Solid waste service. Yakima Waste Systems, Inc., a private hauler certificated by the Washington Utilities and Transportation Commission, provides solid waste collection and disposal services to the proposed annexation area. The proposed annexation would have no immediate effect on this service. After seven -years the franchise required by statute expires and the City of Yakima will provide residential refuse collection. CITY OF YAKIMA'S PREHEARING STATEMENT 9 WASHINGTON HEIGHTS ANNEXATION • • • • • Streets. Existing public roads will become the responsibility of the City of Yakima. Any new public roads will be the responsibility of the developer to install after which the City's Streets and Traffic Operations Division will provide a full line of services, including snow and ice control, street sweeping, street maintenance, striping of classified streets, street light maintenance, traffic control maintenance, and traffic engineering support. Streets, curbs, gutters, streetlights and sidewalks within new residential developments will be constructed to City standards. School district. The proposed Washington Heights Annexation is located within the area served by West Valley School District. Annexation has no effect upon schools district boundaries or funding. Library system. The Yakima Valley Regional Library system serves both the annexation area and the surrounding region. The closest library branch is located within the city in the Chalet Mall shopping center located at N 56th and Summitview Avenues. For those services that would be affected by this proposal annexation would help to create more logical service areas. The BRB statutes provide that the decision of this Board must be consistent with certain provisions of the GMA (see RCW 36.93.157), including the GMA directive that "cities are the units of local government most appropriate to provide urban governmental services. ..." RCW 36.7OA.11O (4). Consistent with this authority, the annexation would extend city services and responsibilities in a logical progression of urbanization. F. Prevention of abnormally irregular boundaries. This objective is met by the fact that this annexation is contiguous with the existing city limits at more than a single point, does not create an island of incorporated or unincorporated property and "shoestring boundaries" are neither proposed nor created. Any review of the history of municipal boundaries within Yakima County clearly indicates that any irregularities, such as might be presumed to exist here, are commonplace (see Exhibit 10 showing existing corporate boundaries of cities within Yakima County.) G. Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities in excess of ten thousand population in heavily populated urban areas. Not applicable. H. Dissolution of inactive special purpose districts. Not applicable. I. Adjustment of impractical boundaries. Not applicable. J. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character. The annexation would further this objective by integrating an area which is proposed for development into the City of Yakima. Given that this annexation is being processed at the CITY OF YAKIMA'S PREHEARING STATEMENT 10 WASHINGTON HEIGHTS ANNEXATION request of the property owner and an interested property developer it is reasonable to anticipate that this annexation area will be developed to urban densities in the near future. K. 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. This objective is met and furthered by this annexation. The County's draft West Valley Neighborhood Plan designates the land urban and zones it for single-family residential development. Annexation ensures that urban level services are available for the continuing residential development of the area. This, in turn, eases development pressure on land outside the Yakima urban growth boundary that has been designated for long-term agricultural use. III. COUNTY OBJECTIONS In their letter of August 21, 2009 invoking jurisdiction the county raised several concerns that they state are of sufficient importance for this annexation to be denied BRB approval. These concerns are as follows: "The large peninsula of unincorporated land surrounded on three sides would result in confusing jurisdictional shifts along segments of the road system and other serious service delivery problems in the following areas: • Inappropriate responsibility for the maintenance and operation of the DID; • Overly complex coordination and extension of infrastructure to development (utilities, roads, storm drainage); • Public safety services (fire, emergency, police and sheriff); • Incongruent future development phasing due to topography; • Full consideration of project impacts under SEPA." Of the five issues cited two, "overly complex coordination" and "public safety services," were previously addressed during your December 10th hearing. At which time you found them not to be issues of concern in this region. As for the contention of," incongruent future development phasing;" this objection may have been somewhat problematic prior to the expansion of the annexation area to include additional properties to the west and north. This concern, however, is now put to rest by a proposed future development phasing plan (Exhibit 10,) which has been prepared for the prospective developer of this land and it clearly indicates that this annexation, as it is now configured, includes the entirety of the proposed development site in all of its phases. The assertion that full consideration of project impacts under SEPA cannot be accomplished should this annexation go forward is equally set aside by the expansion of the annexation area. As currently proposed the entirety of the project site would be under the jurisdiction of the City of Yakima and any development proposal(s) would be subject to full consideration of the project's potential significant environmental impacts. It should also be considered that CITY OF YAKIMA'S PREHEARING STATEMENT 11 WASHINGTON HEIGHTS ANNEXATION • • • • annexation does not prohibit the County's full participation during the public commenting phase of any City of Yakima SEPA review(s). This brings us finally to the issue of "inappropriate responsibility for the maintenance and operation of the DID." To our knowledge, this is the first time that this particular issue has been raised by Yakima County in regard to any of our previous annexation applications. Given the fact that numerous DID's are already within the city limits, why have they not been of concern before now (see Exhibit 11 showing current DID's)? Nevertheless, the issue has been raised and it is the City's position that before any discussions can take place on this subject it is the County's obligation to provide you, the City of Yakima and the landowners and the developers involved with a complete legal briefing concerning their claim(s). This brief should include a full public disclosure of the issues, including an environmental analysis, previous and future capital expenditure needs to maintain these agricultural irrigation canals and a historical analysis of the financial status of assessments collected or needed in the future to fund such infrastructure improvements and maintenance. Then the Yakima City Council may, at their sole discretion, decide to accept or reject the County's offer to transfer DID's, their liabilities and their maintenance responsibilities to the City of Yakima. Furthermore, it is the City's position that it would be unnecessarily harmful to the interests of both the landowner and the developer for this annexation to be denied or forestalled while awaiting the resolution of this heretofore unremarkable DID issue. IV ADDENDUM On February 17, 2010 the Yakima. County Commissioners requested that the City of Yakima defer this hearing to pursue a joint resolution to expand this annexation by utilizing the joint hearing provisions of RCW 35.13.470. This provision allows for the city and county to hold separate hearings to consider the annexation of larger areas which could provide for straighter and more regular boundaries. Unfortunately, the provisions of this statute are only available to counties located on the west side of the Cascade Mountains and therefore cannot be utilized within Yakima County. V CONCLUSION Yakima's Washington Heights Annexation is consistent with the GMA, as required by RCW 36.93.157. The proposed annexation should be approved because, after consideration of the factors identified by RCW 36.93.170, as well as being consistent with the GMA, approval will appropriately promote the Board's RCW 36.93.180 objectives. The Washington Heights Annexation is fully within Yakima's Urban Growth Area. The area includes approximately 118 acres already designated for substantial urban growth. The pending development of this area will in Targe part be made possible because of the City's urban facilities. Approval of the Washington Heights Annexation will allow the City to readily CITY OF YAKIMA'S PREHEARING STATEMENT 12 WASHINGTON HEIGHTS ANNEXATION expand current services and to provide other appropriate urban services to this urban area as it develops further. The City of Yakima therefore respectfully asks the Board to grant its approval to the City of Yakima's proposed Washington Heights Annexation. Respectfully submitted this 25th day of February, 2010. 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NEE■ N.■L ■E■ r ■I ` ■ • ■ a IOC • ■�■Illb• ■ ■■■■M wI=ETGi.: ii : Il.rr137 � 5111 11111111111 11 i .11 L ■ MM. o■■■■■■.I • iuii. ■■r■■ ■a ■ 1 • J sir Milli 1 INir 11111' ��1�� ■■ . mg 1111)►'0 AI �■ ■1■11I1, 1 wh21110 ARENT WEST VALLEY ANNEXATIONS Yakima City Limits Washington Heights • Foursquare Church Hochrein 0 Ziegler N M 0 A ( h 7 401100 Vs Scale -lin = 15000 0 750 1500 Created: February 1l, 2010 111 NIT ..... 4.... • II111111 Nu - ■II MI . • whmtpm.p ::1:LSI:I_\T W I0 Tr- ormi Nim MF 1 IU WILLOW PL 1111.11111 UMW tMEMr : ■■ 1 ■■■■■■■t Iu um - ..■■m.■ ■■■■■■■. 1111i11L1lor :rim" JIDI!,1 ■■■■1111 N im._■■ •, NMI um • •1 •. 1 •�fil � Algin L1 i �C ■ ■ WASHINGTON HEIGHTS ANNEXATION Yakima City Limits ipExpanded Annexatiot Approx. 61 acres III Original Annexation Approx. 57 acres Total Combined Annexation Approx. 118 Acres cr.244of P44, bac Sc- n = 8000 0 _b 800 Created: February 23, 2010 1 WASALTON HEIGHTS ANNEXATION ZONING Yakima City Limits CURRENT ZONING SR Suburban Residential RA Single -Family Residential R-2 Two -Family Residential R41 Multi -Family Residential B� Professional Business ■ B-2 Local Business ® HB Historical Business SCC Small Convenience Center gpLCC Large Convenience Center CBD Central Business District GC General Commercial M-1 Light Industrial AS Airport Support RD Regional Development pot Yq.6 OnCT r 1.446 • IS: °lion Se Scale -lin = 800ft 0 400 800 whcauntymne Created: February 22, 2010 1991 88'8£6`Z = gm! 1. 4(Volk m 1Pu1sia aJ! 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O •• • • SUMMITVIEW AVE 1 W > • Q • csi lr rn Q z • w TIETON DR a • • • • 416 • r ZIER RD • 11 • w ii ••••••••.•.• �♦, w r °). N" < 0" 11 11 11 I, •• CCIDENTAL RD • w co� •• • > II I— :, — _ _ a - - - - . : 1 cn OLIDG 1 ____.J +-- cli• I •�-'J • t 1 w Q 0 N ti RD N 66TH AVE S 64TH AVE w 41 W WASHINGTO AHTANIJMI • l' -..all • (/ ZIER RD SORE Naa 1 Maahh)0h102109 r KING ST —1 ZIERBD p 1 1 • WAS MILTON HEIGHTS ANNEXATION Yakima City LImILS FEMA .00 Year Fkwdplaln — Sewer Lines Nob Hill Watcl Lines N \ / S Annexation Area Approx. l 18 acres lo ry lbw• 0it 4�ion �►i Scale —I ul = 800ft 0 400 800 Created October 21,1009 I I til ��.I\ 1 lei 4 1FARI =OW MU 1�UUij11RtLIIv 11�q �Piai�l.�il9W;'III �II o i it girdisEito �!a�t � ■� 1&1 West Valley Neighborhood Plan Streams and Floodplains Floodplains 100 year Of Flood Way . Perennial Stream Urban Growth Boundary All Roads West Valley Neighborhood Planning Area City Limits Tax Lots 0 0.4 0.8 1.2 1.6 Miles MAP 12 • • • \_A— ANlLx I - - � •\ may. \ _ r 1 1 1 tr--- i -— - -`�J^-� -- ,�`-= lea_ f.i. IJ1.r.4I �,yt 1:,i. . 71. 'iii.Lahtj It 1,,,_ {f , [_...- 41"4- O 1 _ __ / West Valley ZI £ �� Neighborhood Plan J "r� 4. •i. a.ar F ,1 autle F SFJ ...A Union G p UGA Mefidtl�f4 Streams and Wetlands Stream Type - 2006 CAO A/ 1 2 3 4 4or5 Undetermined Man-made Local Wetland Inventory Potential Wetlands West Valley Neighborhood Planning Area City Limits Tax Lots All Roads Urban Granth Boundary N D 0.4 0.8 1.2 1.6 Miles MAP 13 1 Inch= 1.000 kat w+F LJ L.Ity LII !IILS OUL/I aly ® Proposed Annexation IU IUUI II IICI WS! 2 foot interval Proposed Annexation - Washington Heights • orb �wnn 1240 -I Ir rIf r��■■iiit___ Till::::11:;::P- mitoi;,,*iii.,_ ahliaZaZill OtZgli 11. • . 2 _ith' -4111.1Plal 1122211104E3421 IP' -- mariblifilli itillliiiii invi___47s,,i- - IMIN al 3 Simi 113Igili Mir • • 0 Qaanf A.. Rtl t W Orden -- - W IMN IQ.. aa„nw, c"I wa.r,a,a, a. 'ree.Ib , ^ -, - ' I ii r--1 c'e" € caws Wr rAde, Q..� � J A vl a«. MemsPier � " l J Wlw , I_ a Yakima UGA i ; dr all 1nMl \ (hem AaW Q 2/11461•116,1 J 1 y,- Milan Q. 'LrAr�- Ar 1 1 •LKA to e' - CoaNdps Po •• v '� 1 e I Z. r 8 � 7�-t- r Moddeobrook Union Gap U1A - L4:0awM W West Valley Neighborhood Plan Future Land Use Future Land Use Low Density Residential Medium Density Residential High Density Residential Neighborhood Commercial MI Community Commercial i♦ General Commercial Industrial Parks & Recreation, Open Space Floodplain & Floodway 0 West Valley Neighborhood Planning Area City Limits Tax Lots Urban Growth Boundary All Roads 0.5 1.5 Mlles MAP 4 • • • e1 inch = 4,400 feet Yakima. DBO.Yakima_CL Proposed Annexation Washington Heights si County DID DID (Drainage Improvment District) > SUMMITVIEW AVE w III Q cc w • `j R a L 1 a C S 96TH AVE w w Q > x ¢ ~ ♦ ❑ TIETON DRPI bergi 11'44 B� �O CASTLEV E RD N 16TH AVE ENGLEWOO w Q WI El ST Z z 1- --A � NA u • E\-\�CO�N PJ £ YAyCIM r�jP`VE INCOLN AVE Z 0 4. 74. N m 03 P`Nkil Si -Q w W NOB HILL BLVD w ❑ z cJ W MEAD AVE ZIER HINGTON AVE w S 0 S 3RD AVE PACIFIC AVE S FAIR AVE E VIOLA AVE WASHINGTON AVE COOLIDG RD CIDENTAL RD • S 79TH AVE AHTANUM RD • PIONEER T KEYES RD E NOB HILL BL 1- N x 03 c LI—. Rix E M.EBQ V TQQ z ❑ W AHTANUM RD • SIGNAI PEAK RD STEPHENSON RD • o = 0 cc 2m a O<Oce ,l, w O h 9cyFs m .)h lvk ir MAPLEWAY RD r Kf&VO AVE EY AVE HOLA HILL DR --,,t-, SUMMITVIEW AVE j TIETON DR iy YES RD WIDE HOLL W NOB HILL BLVD < w N ZIER R < e < ( MIERAS RD R C. 2OTAy'NUM ` m �...._l POSTMA RD . 5 in D ? Z a w 2 W WAPATO RD TECUMSEH RD BROWNSTOWN RD ISLAND RD sy O,P 2 o z 0 15 m Tc RD• y9L9l�FL a t h- 'o3'0 �7 y` g w r 5 0 m TEST RD GILBERT RD O gRO w eLF�yZ HIGHLAND DR 2 00Q Z 0 >- 0 0 0 BRANCH RD E BRANCH RD MCDONALD RD F MCDONALL S WAPATO RD =ORT RD JENSEN RD T T AVEC CURLEW RD r 3 a • HOUGHTON RD N GRANGER RD a E ZILLAH DR CHAPELLE RD CHAFFEE RD 0 m GURLEY RD INDEPENDENCE RD 0 0 m Y 0 ¢ o m w h i 3 LIBERTY z 0 SCHUSTER RD z FOSTER RD S SATUS RD fC� AOCfsi EMERALD RD AL BISHOP RD GREEN VALLEY RD VAN BELLE RD OUTLOOK PO EDISO Np WQ� ➢E 1 inch = 26,000 feet s Legend Yakima City Limits Lower Valley City Limits S L I RD SHELLER RD DISON RD FACTORY RD ALEXANDER EXT 6 2 STOVER RD 0 x Z Y. ,O �1 FORSELL RDS jefJ�OREpOE'RO 0 K a .^^�r O N CHASE RD m O L% a Z E EUCLID RD 0 O 0v K 0 • • August 21, 2009 RECEIVED AUG 2 6 2009 Public G stNNIN ��16DIV. �' 128 North Second Street • Fourth Floor Courthouse • Yakima, Washington 98901 (509) 574-2300 • 1-800-572-7354 • FAX (509) 574-2301 • www.co.yakilna.wa.us VERN M. RED!FER, P.E. - Director Washington State Boundary Review Board for Yakima County 128 North Second Street Fourth Floor Courthouse Yakima, Washington 90901 RE: File No. BRB 2009-002 City of Yakima/Washington Heights Annexation Dear Chairman Puccinelli and Members of the Board: RECEIVED AUG 2 4 2009 YAKIMA COUNTY BOUNDARY REVIEW BOARD The Board of Yakima County Commissioners has asked the Public Services Department to evaluate the effects of the proposed Washington Heights annexation on the delivery of services to residents within and outside the proposed new city limits. Based on that review, Yakima County is requesting that the Boundary Review Board take jurisdiction of the Washington Heights annexation to hold a public hearing to consider whether this specific annexation as proposed should be approved. This request is filed due to concerns that its current configuration will result in severe problems for the coordination and development of urban services. The large peninsula of incorporated land surrounded on three sides by unincorporated land would result in confusing jurisdiction shifts along segments of the road system and other serious service delivery problems in the following areas: • Inappropriate responsibility for maintenance and operation of the DID; ■ Overly complex coordination and extension of infrastructure to development (utilities, roads, storm drainage); • Public safety services (fire, emergency, police and sheriff); s Incongruent future development phasing due to topography; • Full consideration of project impacts under SEPA. This project (as shown on Attachment A) shows the long plat proposal as it was first presented to Yakima County Development Services in 2007. The current annexation proposal excludes phases 6, 7 and 10, which are critical to linking the plat to Zier Road and South 80th Avenue. While the details of long platreview is not the purview of the BRB, the County's Multi -disciplinary Team early assistance meetings with the developer in 2007 provided extensive comments to, the developer about some of the challenges development of the valley between Zier and Coolidge Roads will face, including: interconnection of the plat to the street system and other transportation issues, steep slopes, excessive grades for roads, emergency access, grading, and storm drainage. The annexation of a portion of the project site further complicates City and County coordination of services and infrastructure, requiring more public expenditures. Some of the major issues are highlighted below: Yakima Cotauy ensures full compliance with Title VI of the Civil Rights Act of 1964 by prohibiting discrimination against any person on the basis of race, color, national origin, or sex in the provision of benefits and services resulting from its federally assisted programs and activities. For questions regarding Yakima County's Tide VI Program, you may contact the Title VI Coordinator at 509-574-2300. !f this letter pertains to a meeting and you need special accommodations, please call us at 509-574-2300 by 10;00 a.m. three days prior to the meeting. For TDD users, please use the S'tate's toll fire relay service 1-800-833-6388 and ask the operator to dial 509-574-2300. BRB 2009-002 Washington Heights Page 2 of 3 Drainage Improvement District (DID) # 41 An omission in the Notice of Intent (NOI) is DID #41, which lies partially within the City limits and wholly contains the proposed annexation (Enclosure 1). In accordance with RCW 36.93.150(4), we request the Boundary Review Board consider and determine the extent to which, functions of DID #41 are to be assumed by City of Yakima due to the proposed annexation. DID #41 was formed in 1924 to drain soils underlying orchards when irrigation raised groundwater levels. The Board of Yakima County Commissioners became the DID Board of Supervisors in early 1980's when all Board of Director terms expired and elections were not held for a new DID board due to the absence of interested candidates. Four annexations to date within DID #41, beginning in 2001, have not changed DID #41 responsibilities. With the proposed annexation, 46% of DID #41 area, and all of DID #41 pipe infrastructure will be within the City of Yakima: Yakima County's Comprehensive Plan (Plan 2015) identifies 82% of DID #41 as within the Yakima Urban Growth Area. With increasing urbanization, annexation and rapidly changing land use, we believe the current and future public interest is best served at this time by assigning the operation, maintenance, and ownership of DID #41 to the City of Yakima should the annexation be approved. SEPA SEPA review of the full project needs to be undertaken, even if project development proceeds in phases. Efforts to coordinate and consider the full ramifications of development of the site are undermined by annexation of the valley floor with considerable development constraints and the transportation connections to Zier and South 80th Ave. left in County jurisdiction. County development review staff and management believe the impacts of the full project need to be evaluated up front as required by WAC 197-11, even if the proponent seeks to develop the property in phases. Full Annexation of the project site and vicinity The original project presented for County review in 2007 consisted of about 97 acres. The current proposal to annex only 57 acres of the project may have been constrained by the petition method of annexation because four small developed lots located on Zier Road to the northeast of the proposal have not petitioned for annexation. However, the logical development of the area and economic provision of services should not be fragmented by the method of annexation. We have discussed this matter with the city and are convinced that the entire project site should either be annexedand reviewed by the City of Yakima or should remain unincorporated and reviewed by Yakima County. The Board of Commissioners raised the issues related to the annexation proposal's effect on logical provision of infrastructure to the site with the City / County Intergovernmental Committee and the City Manager on August 4, 2009. The City Manager noted at that meeting that annexation of the area including the entire project site is provided for by statute (ref: RCW 35.13.470). If both the City and County agree to annexation of unincorporated areas after holding public hearings, the larger area between Zier and Coolidge Roads could be annexed under this provision. • • • • BRB 2009-002 Washington Heights Page 3of3 Recommendation We believe approval of this annexation as configured would not be in the public interest. We assert that the problems can be avoided through the action of the Boundary Review Board. Yakima County therefore requests that the BRB take jurisdiction over the Washington Heights annexation in order to facilitate closer review of the resulting boundaries. We further recommend that the BRB either deny the request or defer the annexation, sufficiendy to allow the City and County legislative bodies to hold public hearings to consider whether to annex the entire area so that the full impacts of the subdivision design can be evaluated and the logical layout of infrastructure can be undertaken. Thank you for your consideration of this request. Please advise us of the date that the Boundary. Review Board will consider this case. Planning Official Attachments and Enclosures c: C.J. Catt, Clerk of the BRB Cole Hansen, Zier Orchards, LLC Hon. Dave Edler, Mayor Dick Zais, City Manager City Clerk Bill Cook, Director of Community and Economic Development Bruce Benson, Supervising Planner, C&ED Vern Redifer, P.E., Director of Public Services Gary Ekstedt, P.E., County Engineer Don Gatchalian, P.E., Assistant Public Services Director Jeff Spencer, Planning Division Assistant Director G:\ADMINISTRATIVE\Annexalion Comments\Washington Heights Invoke jurisdiction letter August 20.doc BOARD OF YAKIMA COUNTY COMMISSIONERS District One Michael D. Leita 1 Ion Micah Caw le\. Mayor Yakima Cite Council 129 North Second Street Yakima WA 98901 * District Two Kevin J. Bouchey 1 ehruan 17. 2010 * District Three J. Rand Elliott RE.: File No. 13R13 _009-009 Washington Heights Annexation Dear Mayor Cawley and Members of the Council: By letter dated December 9, 2009 the 13oard of Commissioners sent a letter to then Mayor Edler and the Council concerning the lands in and around the Washington Heights and Hochrein-Foursquare Annexation proposals. We directed staff to request the Boundary Review 13oard tBRB) to take jurisdiction of the annexations. not to oppose them but to provide time to invite the Council into a broader discussion of the coordination and development of urban services. The BR13 proceeded with its hearing. leaving isolated areas in Count jurisdiction at the corner of South 80'1' and Wide Hollow Roads. ate Board believes that a larger surrounding area should be annexed by the City. Commissioner Leita raised the issues v. ith the City County Intergovernmental Committee on August 1. 2009 related to the Washington Heights annex tic proposals effect on logical provision of infrastructure and services. Mr. Zais explained at that meeting that state start.. (ref. RC. \\ 35.13.47(1') provides for the area between Zier and Coolidge Roads in the Washington Heights case to he annexed if both the Citr crru/ Curuur hold public hearings and agree to the annexation. The Board still hi -Ads the opinion that the Washington Heights annexations would Netter serve the public interest if adjoining unincorporated lands are included. Development of roads. utilities and deliver of public safety services would he improved by our joint action. We repeat our request that the City ask the Boundary Review Board to defer it: heariri 011 the Washington heights annexation scheduled for Friday March 5. 2010. This will allow the Council and this Board can confer on the logical layout of infrastructure and hold public hearings to consider whether to annex a broader area. We would .welcome the opportunity for further discussion at your earliest opportunity. Sincerely. Michael D. Leila. C hatrntaii cv. Commissioner td Elliott. C'ontinissioner Dick Zais, City Manager 13i11 Cook. Director of Community and Economic Development Vern Redifer, P.E.. Director of Public Services Steve Erickson. Planning Division Director Jeff Spencer. Planning Division Assistant Director Yakima County Boundary Reviews Board 128 North Second Street • Yakima. Washington 98901 • 509-574-1500 • FAX 509-5.4-1501