HomeMy WebLinkAbout06/01/2010 07 Washington Heights Annexation - Public Hearing 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 large 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• • October 20, 2009 Petition No. 09 -02 is withdrawn and replaced with Petition No. 09 -06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)
Q
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).
0
O
0 ORDINANCE NO. 2010 -
AN ORDINANCE 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:
O 1. The annexation petition requirements of RCW 35.13.120 have been satisfied
by annexation petitions signed by the owners of not Tess than sixty percent in value
according to the assessed valuation g d a uation for general taxation of the Washington Heights 411
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
0 Waste Systems, Inc. shall, under its WUTC y U C 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..
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.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
!' Section 7 above is accepted by Franchisee this day of
, 2010.
Yakima Waste Systems, Inc.
By:
Signer's Name Printed:
Signer's Title:
i
• .
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 0
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 80 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:
. . Ai i/e
III
Fig un 2 I: .. ■ .G •■ ■Rr1 ; •
.�Fq E 1� Et 6■ WASHINGTON sTaii
VF am, ail
: : :: ■_.■..... . Ill > : , .. t, HEIGHTS
i ■ ....- i s tenttn,�r
■ ■ ■.._ ■■nsanrr■r■ : ■ hurt d
ow A1 ,1 �.....c rrrrrrrr� 11 1; � ■■ ■ I� ANNEXATION
' •i. - 1 ME M1* LIE ■t■ se.
ME is se .
1 Mai MEMf■ 1.111M J `1 ■■ • -A �� ■ ri ..C\-- Yakima City Limits MI mi• • •/� 7 inn
1 ■ o q sob i :LEE /■t,
11 'OLLOIh RD ■ N r u• � ~ a D rznI
111111P qui lm, irat
NE „„..... r ,
Annexation Area
III
11 MI
in 111 OW
f �` ■ ■ : 111! Filig
MIN
MIN IN
n. �nu. ■n..cra
2ja 11111 Le :: iii: 1""'• :: ::
Onl 2: .. ► .
,, .� f .
^ ••• Ilk i'i • .4• r p 2:
II IIVNTSS \ Nq ilgq 04 lawn mrp, ... il inr.m .t ,
illi ...
RV's ii l!r.:�preal 'Ile a uk ��
1""' ` r �. �� .cw 1 � 114• ��, � ` ' = !I
\ � \ : I I4 o
\ j = ■ql je ■� .L � : 1 ' . : e � a ril ►�
NI 1 r„, / tu,ati�tjm*i ,��i r�T�I
In I
11. PIMuI1
LE
III gamin • ,11111
■' MI Ell . _ • \W.■rre�u•
■■ r .r11� r� . �•, • .a1T.y � 1...1� ��' A
.0f I ■�III�■ �\ � �� �� 11 1 1�0 �•�•_•_
� ino �� 11111 Lb � ■rte
■ 11 � ' : ■ ■ "'' �1 'Wri C
.
maim 4
• ��1♦� ... R ... T `► •
MI I
0
4111 1 4 I I illippi-r - 1 .: 161 �,� 0 2 X11111 .. ��� +
Mu Hilly , m - - ■ ° Nu go
_ � �:11�� ��If: III',�
I�,I 1: ■11v `l� 4 I la `�� S Scale- lin = 1500fi
Mg -' I MIME TS 11 ► nl ii r II - --
wh917o9 FFA u' 0 1500
(Yeoted: 10
1110 tr C •
) > t n n, ):n rT'Vn ." - :':.'s r,(. , n.. - :nn ", n n) s,. �i.77 <.... �j
, . .. -, <,,, , ,, • :: ` : WASHINGTON
� r .. > ' n n <. ` � 1 Y l n e '� r . Y Y . Y J �Y . r Y � . • < ‘ � � t � �, `). Y • , ` � V'��
t n n, > <r. ), 1 " Y ' , K,
<eC . C•.fv 'n vt., r .> ,,,,,,,..........<,,,,
nn " n�J ) 4 < , n r) C n (7'-',' +n. �1 s
‘,. , ,. <: n , . -,'?. : HEIGHTS
• - -: r
j — =� �! ANNEXATION
1 \
wiuowar
J - -j :` ggin ... � � — W , f Yakima City Limns
--c VT 11 _ � -- _ _ ■�r i
--)
Q � I r , FEM A 100 Year Floodplain
1 111
rF it t \ �
K1 Sr 111
------7-_ � ` y� Q GG _ � - 14 _ , ∎ . , e � Sewer Lines
...„,,......
I i Nob Hill Water Lines
I 21ER E Z \\ L •
I - { l I` • or) III
Annexation Area
O M Approx. 118 acres
' rl I u,
�' i � �' 13 1 , „..,..
m g k. r7 .-
pik . >� .■.,�. I".
�_ .".: NI
�_ _ 71 M
N. _ 1
' T ` %M
RIMINI W _ I' r
o
i
n! '
_ _-1 �
11 N
F- - �1
I r
Q- I - 111 I .1_J _ _ , y \ J i— ' ' cdokl9G _ ,_L - -
o
L r .. ..
,♦ ! a if
f �I °
_i� -- y : I I I -- - � { _r— I S Scale tin =800fr
2 .1 1 1 1 I, 1 -- i �: I I v 1 1 1 0 400 800
wahhbh102109 Created: October 21, 2009
1
1
eV WASHINGT N � /��� HEIGHTS
0 V ei� 1111!
,' ������ ANNEXATION
I A �� watow a�
II I 404 /I /.� - ii ����� � - 4 , ;.4, r _ W NFAn AVE , ..."„' FUTURE LAND USE
l'r / ����- -e- 4F.,....41 ■ ,. ■ . ■ .'� Low Density Residential
weir , .M p� • ■ NOM 11111' == m r, ■ -� e .. ' Medium Density Residential
P iiI N■ 1. / 1
/ f I� r UMW III • �, High Density Residential
rfri arar�rr MIl -
Q V Er MI El teFig I Professional Office
I- 111 MUD ow MI . � ' i ® Neighborhood Commercial NIP
,' , /4/.1
■ o � , \ . ■ 11G ■ a La a Convenience Center ___
.: I r �■ �� Arterial Commercial i d
rA , `+ , ++ ♦ . 9• . 1, ♦ v ♦ . ♦ ♦ ♦ ♦ �_• m,.., , CAD Core Commercial
/' � +♦ ♦` �+♦ # V ♦ ♦ ♦ ♦ + ♦ + ,.*♦# # 4' 4 muama:: a-E Industrial
// g+ AL .O # Z. „OA A ♦ „4 40,11, •. ♦ �,� "' Regional Commercial ' Aslfd r
♦ ♦- ♦ ♦ �, ♦• ♦� ♦ • •I, 1 Urban Reserve
■ ♦ ♦ ♦ � ♦ ♦ ♦ r ■■■■■■� ■ ■■■ o-r ■Lk i�
♦ ♦♦ ♦♦ ♦�'� AMU.% .
♦ ♦ ♦ ♦� ■■ 1111 ■ i �
• ♦ • le ♦• + ♦ r'i111: 14 ,(♦ �� Yakima City Limits
r/ _ . ∎ ∎O .A A. . _O_♦ 0 ..* .+ 4 ' IIIIIIIILim , .. • .ini
sA r , 7 fr o 6 ' 0 /.4 A /0 / .4 / , ..+...•A A 1 .�P.L .1 ■111 .a
A Air /111 �
I
� �1 ■ �Ir,/A Ar. /.4 1 , � / " i
cn
. - • N V�, 0 ' p 7
I •
•
,. , ,
• • N. 11 .1. • A .. 1 /1/116A IN IIITY44. 5 Scale—I in = AOOft
�� ■ 1 1 ''1, 0 00
whflomap •
Created: Octob 9
41,-----
I
irmilli 0 . 0
WASHINGTON
HEIGHTS
ANNEXATION
I - - 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
\ \ \ \ \\ \ \ ,\\\\, \ \ ` \ \ \` V II B-2 Local Business
\\ I. HB Historical Business
\ \ SCC Small Convenience Center
\ \ \ IN LCC Large Convenience Center
\ . \
•
\ \� \ \ CBD C entral Business District
`\ �\\` \ \\ \ \' GC General Commercial
\ \\ V\ \ \ \\ \ \ \ \\•••
M I Light Industrial
\ AS Airport Support
Rn Regional Development
\\\
N 4,14 e l �4.�
N
il •
• 0 4
/ 8 *1 1011 $ t
S Scale -lin = SOOft
0 .100 800
wheountyione Created: October 21, 2009
•
• �� �STATE D ��
WASHINGTON STATE BOUNDARY REVIEW BOARD
.� FOR YAKIMA COUNTY •
tt '
, 0 128 North Second Street (509) 574 -2300 • FAX (509) 574 -2301
,» ',e .1P Fourth Floor Courthouse
1889 Yakima, Washington 98901 .
• City of Yakima
April 16, 2010 Bruce Benson
•
Mr. Bruce Benson RECEIVED
City of Yakima
• 129 N. Second Street APP. a 9 2010
Yakima, WA 98901 .
CITY OF YAKIMA
Re: File No.: BRB 09 -009 — City of Yakima/ WA Heights Annexation PLANNING UIW.
Dear Mr. Benson:
411 Enclosed is the final written decision from the Boundary Review Board on the City of Yakima's
Y Y
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
> 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
0 and checked. If you have any questions, please give me a call.
•
Yakima County ensures fiill 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 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 users, please use the State's toll free relay service 1-800-833-6388 and ask the operator to dial 509 -574 -2300.
a
If you have any questions, please feel free to give me a call at 574 -2300.
Sincerely,
6
C.J. CATT
Clerk of the Board
cc: Board of County Commissioners
Parties of Record
(.; :\ 1)t t(' l 1 <rVI'1V 1 ".I_ i( ( ) . U4 - U( 1 4_ I our;yuareI ltrchrcin_IiR4; f luring I4 :cisiorl.lu.dot:
® '
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 80 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
410
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 and local 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.
4110 The area is within the West Valley School District and will
r emain 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.
WASHINGTON STATE BOUNDARY REVIEW BOARD
FOR YAKIMA COUNTY
N PUCCINELLI, CHAIR
G `RICE, MET R
+� •
JI S' L, MEMBER
JO -E LEN THOMAS', 'MEMBER
ATTEST:
Clerk o_f the Board
C. J. CATT
•
[6]
WASHINGTON STATE
BOUNDARY REVIEW BOARD
FOR YAKIMA 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
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. The likelihood of significant growth in the area and in adjacent incorporated and
unincorporated areas during the next ten years 5
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 6
F. 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 0
CITY OF YAKIMA'S PREHEARING STATEMENT 1
WASHINGTON HEIGHTS ANNEXATION
• E. 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
F. 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 2
WASHINGTON HEIGHTS ANNEXATION
EXHIBITS
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%
411
required for annexation has been exceeded.
CITY OF YAKIMA'S PREHEARING STATEMENT 3
WASHINGTON HEIGHTS ANNEXATION
• 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
0 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, fire and 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
0
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
0 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
0 existing retail and grocery stores located nearby within the City of Yakima, e.g., The Orchards
Shopping Center on S. 72 Avenue and Tieton Drive, Meadowbrook Mall at S 72 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 72 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.
111/ 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.
0 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
0 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.
III
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 large 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 0
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.
, Bruce Benson
Supervising Planner
0
,
1
CITY OF YAKIMA'S PREHEARING STATEMENT 13
WASHINGTON HEIGHTS ANNEXATION
■M rii w W E �MI. F �� . Ilii = R IM CI ■tom I O I i t tlfi ■ >♦ f_i k� ��ttD , i � �� � � � � : : C R E N T
• ii 1 i 1 : .i ibmin1. 1=� fgHle :1■d tz�m r :: ■.:lL ::5
I 111 /ra,1 1 I ..: • 3 S% IIII • 1 r- ■ ■ NI i ERIK =1111 WEST VALLEY
II SIM � - � ■ 0; ' "'0 T ANN I E A 1 . 01 4 :. e"' . 1 l a i •
-- e 1 /IIIIIIIIt111 i yl�} -�� � � � �E ■� �. ■i � City Limits roll= Yakima Cit
• 11 �,\ ■ ■_ a ■- ■�A���w�A� �- Fitt -3 �F �/>��
um . — NH - ! _ uno - ' e unnnlnoln ■ _ 111.
1. 1■ ■ ■A��NI
I I I I ylle ' R!pR. - �� 11 it 111 jr 1�• -- t - am in ,
1111 ii■m
7 - Nom ...
ii■ C
. La ITI It111111.11.11 In ■■° mmm � '1ji■■■ ll Washington Heights , . MN mmm mid WI ppm mum 111113 " � � Foursquare Church
um milung RR Ile.' ■ rop■�� ■� �,� ■ ■.. Hochrein ILI Min min iticIVI,,.."---"... A... p ■■ ■ �;,� ■� : :: Ziegler
ii iii MA RD 111 I ; ; 11_ Ili :.
NI imm Mk'
lit. :I : . MELO II AM
Pj 1I
. ' ■ swim ,��� 11.�i i our:
r - � • ii W' +i �� � • �� r 11u1■
■ .. P ��m.r''- �17R'•�■ i �: �` ii- ■r, EL ■ 111 • 111111 111 r ■ :i_.. ■_ ■
■ ii.n■uis " A IBM • �
- � 11111111111 11- mom ,a itTIT *Tl' ';
_ -_ - L ■rr
■ iw o�■ ! 1�
■ �I i �i i i ii ■■■ �a
111 ■��y f , I■.
s 11111 111 1111111111 1 I S Cr / 4:
di
U V III! ■■ , ■I'i.-� min �i i S a � .�III!L 1 K irlaa=l 1111E1 11I11:!INIIIILI o � 5 - 00
wh21110 Created: February 1l, 2010
1 �-- www
r _ I WASHINGTON
U YP
\ HEIGHTS
_I
ANNEXATION
. W LLO WILLOW PL
— MI y r r I 1 I 1 I Yakima City Limits 26 J L I F
\\ > LOn[N - ME MI IL i i I — __ -F% ` •
Iv KING ST ; �* = u \
a 4 : • ^17TMET
n ■ .'
M IMP
Nix
— • 1 � r
ZIER cc
_
el I
_- �ia�i
�-� i � 1►'�[r+i ` = - - - . , -. - .".,..."2*- : � � ''� � a■ ■� ■ ■� 7 ',Expanded Annexai
• . ., _ - .i . t - . tl t •
� �ylyu,�- prox. 61 es
�
• T• n • . ` = 4 �s ° II •• ���a� • OrlglnalAnnexatlon no ,
-9:".e ' ° w °
� � � — � : � Approx. 57 acres
1 -�IMfll 1
m Total Combined
11 , : '�, = Annexation
■ Approx. 118 Acres Io . _
\_LJ 1
� / pc
1 ' MINIM E CN
■• MM THAN AVE __ Oa
■ n
. 1 N
COOLIDGE RD
- \ / 13 7.."(1; tra :
...00 - _J V .' ' 44
411111111110111 — * no n S
'. IMAM Nov 1>i L 5 Sc- n = 800fr
I 1 —
F 1- -) , I I > 0 800
whmtpmep Created: February 23, 2010
0
rulummummill 0 .
WAS GTON
HEIGHTS
ANNEXATION
IOW ZONING
■•• Yakima City Limits
CURRENT ZONING
SR Suburban Residential
RA Single- Family Residential
R-2 Two -Family Residential
R- Multi - Family Residential
B-I Professional Business
MIIIIIMINIMIMMINIIMINN) ■ B-2 Local Business
■ HB Historical Business
SCC Small Convenience Center Ir LCC Large Convenience Center
. CBD Central Business District
GC General Commercial
M-1 Light Industrial
Irn
AS Airport Support
RD Regional Development
\ I
N ,,0 of IN,
a ■ a
4 i 44
\\// o Alo n S
5 Scale -1 in = 800ft
o 400 800
whauntyrcne Created: February 22, 2010
S 119TH AVE � c
C r- c
\ ��
t
Z FRIEDLINE RD K �
SARA LP K
STEIN RD Z ESTES RD rl N 112TH AVE
m m
11 X
0 o x
N ( v., m
CO 0 S DRAPER RD Q 0
O DAZET RD A HENNESSY RD y N 102ND AVE
0 o
o
O
I xi
0
m
5 m
ID m D
D m 0 S94THAVE co '
" _ x -4 O c
d v m E1 ? D
v E m < 0
m m m m
c T S 88TH AVE S 89TH AVE
0 cn D m cn
° S 86TH AVE p S 87TH AVE X m m cn
0 N86THAVE m cn
S 8 4TH AVE o 85TH A N 8 4 x o
O E
0 m
m
z0 D 1ST AVE o E N 80TH AVE N
C m -< m m ; N78THAVE
x z v < -4 o c N 77TH AVE i
o r m m > N 78TH AVE m
S 74TH AVE co r S 75TH AVE p 0 31VAlad N 74TH AVE
S 73RD AVE r- D Z S 73RD AVE _ :4 47 m
= S 72ND AVE r1 -4 S 72ND AVE N 72ND AVE 0 •
D S 70TH AVE O S 70TH AVE
w m S 69TH AVE < D
n co v S 68TH AVE ro N 68TH AVE
CD X O S 67TH AVE r m
PICKENS RD m
S 66TH AVE m * N 66TH AVE
co �� 0 D m S 64TH AVE S 65TH AVE d �� N �, z cn
X r Cn = S(‘ O D
(D i N 61ST AVE O 2 _
O S 60TH AVE 1 O s ti� (1)
CA 0
N / S59THAVE o D 1 m S 2 %,
\V 0 m r C N = 2
� S 56TH AVE D �N 56TH AVE { O y - c o
0 ,1.' (� < Z m o CREST DR "P s
`� CD D AVE 5 52ND AVE m Q 'i 40 N 52ND AVE N 53,.0„
"u
111 ��
• • � c� . + M .
o
�
•
3
p DAZET RD = m HENNESSY RD m 2 ��� e LU
z 0 xi z ° D r 3
O 70
D co
o
71 O P AVE m N 101STAVE * TA
S 98T ON 99TH AVE
O AVE • 98TH AVE 0
•
o Z � • •
' wTH AV E N 96TH AVE _ -p CD
0 0� Z • • * N 94TH AVE
p m
0 co • • S 93RD AVE = Co 3
• 092ND AVE cn
co M 0
S 91ST AVE S 90TH AVE c m Z
S9ISTAVE �
S91STAVE • D D m 2
S 88TH AVE S 88TH AVE S 88TH6VE S S 89TH AVE 88TH AVE S 88TH AVE m D m 2
0 �•�.�{ S 87TH AVE m < • �2
8 ����•�����•�I • N 86TH AVE • �O ® •
•••••
0 •••••••••4I • • S 85TH AVE N 85TH AVE N 84TH AVE 0 • • s ,�' s
m • •••:
��•�•�•�•�• S 83RD A 9 m s 9 I I
o •
• * W 73 • S 82ND iE N 82ND AVE P •G t
•••••••••�� v • 1ST AVE ; m e
D • • • • • • • • • I , *7 6 ili TH AVE • p 7J N 80TH AVE
��� �� ���♦ 7C N 80TH AVE z
cn • ►••••••••1 <
-< � • • • • • • • • • • • • • • • • 1 z m s D O S 78TH A N 78TH AVE m , \ c ?› M
♦��•••••• G)Z D < E
—1 ••••4L•••••••••j ' v m cn N 77TH AVE
. t.s..* � � • • • � — f r —I * ^ * O
S 7677.1 ,41.- -n . •!4 ` N � S 76TH AVE o S 76TH AVE N 76TH AVE ^a N 78TH AVE
cn o o S 75TH AVE S 75TH AVE D JADE PL g 74TH AVE N 74TH AVE G-) n
S 73RD AVE m m p m
t� z
z p N 72ND AVE t7
o S 72ND AVE
- S 70TH AVE W S 70TH AVE D N 70TH AVE o O
I = S 69TH AVE D >
S 68TH AVE r= 't r m
* "92_ S 68TH AVE DD d N�69 N N 68TH AVE
31�d Ny D 0 PICKENS RD S 67TH AVE m m r Sn N 67TH AVE .
0 m 0 S 66TH AVE * m N 66TH AVE
m z
N 65TH AVE G
O S 64TH AVE S 64TH AVE m N 64TH AVE
D
D < S 62ND AVE Nl VSI1 N 62ND AVE
PR�SPEC7 vii,
o m N 61ST AVE rc-
S 60TH AVE S 61 ST AV D
D S 60TH AVE N 80TH AVE n
cn S 59TH AVE S 59TH AVE X
S 58TH AVE
1.400 700 0 1.400 Feet �• . 4.
2008 YPD Mutual Aid Calls I • • - ;.. • ••
• YPD Mutual Aid Calls (59) ■ L
'����� WashHtsAnnex O •
� �t 1 • '--'J III
d ■ Yakima Urban Ar . \___ ■ ■
■
Yakima City Limits \
.■■.■
• n ` n
•
�
•
. a
1 w
1 >
1 Q
. 1111 -,------ I-
(0
■ • • w SUMMITVIEW AVE co
• Q z
• w
■ > 1 �
• Q
• cU
. CC 0)
iii Q z
1 w
▪ TIETON DR a • _- —•
• •
•
' w
• >
w Q W
' > = w 410
• r >
0 CD U/) > Q 1-
S p
11 • z (1)
N
II ti
i 1
II
II
di ZIER RD
ii
►....�
• W WASHINGTO
w II .. . �.►,���
Q '' *! !k
o ;; — � •OLIDG: RD
0 ii
w
1
rIDENTAL RD Q
11 I z I
" � J
,,
I
• • • w ... AHTANUR _ _ ,-- .-
-�� Q iii , Foams
• . rn
■ (1)
• ■
•
•
•
1 •
� , �:
� '---I. y � �
, : -. WAS GTON
�-- -2--- - ' ---7 — — t ' HEIGHTS
1 L� — • 1_ -- — ANNEXATION
—I — — \
L.
I - I wluonvr
—F— — q' , � _y � ! , Yakima City Limas __L _
-_-_-.:=_ -- -- ! -- `. \� Q �� - l 1, a FEMA'Otl Year Flood lam - •
o MI
ll
_ br
�
co KING ST I 111 � 4 _
N 1 >' t 1 b i c T '� Sewer Lines
� 1
1 141 _ - I I Nob Hili Wate1 Lines
BIER RD 1 _L _ — l _1 �IEB RI I I : • 1 1 --�- --
1 JI ` t ' Annexation Area
— _ Approx. 118 acres
�i 1 — I •
_ 1 j G .a i � du� �•
7 _ _ — _ ,y_, -— ..
i —7
1 ' I 1 1 Il
._1_ 111 i , ../11 1_1_51 ji
- -
LU
l in ! = - • ---i P ] 11 . j NI,
d
_H
- 'ial_ i' — J _ — I T N �,`� Yog ,.....r,
IS
ign
L J I _� �_ I s Scale -I m= 80011 . . F- '.
IU' !I I I I I I— „-- 1
. —L —.� (I I i± 1 0 400 800
rwhhI0h1021011 Created: October 21, 1009
i _
»•...:.:
`• -1 selah UG West Valley
_� — i s (\ :_.::::; Neighborhood Plan
+�+a_.; � � _ *tr � l �'�. cS "en. crW" 9• - ` I ` � , �'.°•�' ' � - `y
-- x I _J ,
L_j �} ` , Streams and Floodplains
y,\ •-r i
a � � �z � I ---r'+ -' -_ , -- ..�M% � � !!'�"'� ~ ii■r+v� ,� Floodplains
T � � Flood Way
; �y °_ �„•, h I - - li�� � � 5i������ ■ mi l 'i . • • Urban Growth Boundary
– r ' I-F rr r EA M 1 114��1lIIR 1! 13 IIv lril� Roads
— � �; All Roa
� �4�� ���IEill.�iFW�i'�,'Ifl��'
t ' t � � ■ ! r� West Valley Neighborhood PlanningArea
' T1 � : r �r ■i� 1 City Limits
i T ✓ ' _ Il Y�■9!11 _ Tax Lots
ti
-- � ..�'"'`'" �`�,.:�; J,i' - �� . ter! ■� 11
1 �..: . +11! Yarkirna USA1 i �N
a .l. _ _ _ _ '.� •
}r .�
—.z / !`.' F }fir '�•r1 ',�� •, N
y t � �, ` �_i rJ > j ^ , � 7 � {°. � /- ^ �'7G+�- J1:J -I.. �.s� 'i tlY ' � •• �_�_ +r:� -_- /
" �I M ' - T • � . .•.:•• � — . �:-. ter. `. ..� -.;.,. r -_. .r %.�..• •.. .:•
c �s
o 04 __ 08 1.2 i.e Miles
... _ MAP 12
•
• • i
Ewa I �-... c,,� _ _ ��- o 'T , Ill
q.M, d
1-_,_,.___ t West Valley
l ir
`� / � r te— Neighborhood Plan
' 1 1 t- - - _,I i . - L•1
s. 1 , I/ \ Imp! Map I
P Filliii �``> - 1 � .� ' �_ ' f , Streams and Wetlands
z I - - 1 - - -- --- -,--- , -
" ^ Al 1 . 1 ICU;' -' � ' '. �> ♦, 1 -` S , \ ' S Type - 2006 CAO ■
,
"®n"E°_ ` AM ��i I � igurgi +�
— — -
_ 1 i : d,.. l_ � . , ~J 3 _ l ei ,( �;
- L I I ',. !11 � ! tl II - 11 e�� r��.� �91t Undetermined
;_ 11 I . trrri11 i 111113l �atimai
�1' _ ?� 1 . Man -made
n � n
1 _ 63 *' r L. r
a i ■ �� ,....P ; l l I � � ` , R: '� � �� �I Local Wetland Inventory Potential Wetlands
-I ;C , � 1 9 ■� PRdiiigl West Valley Neighborhood Planning Area
I�� �_ 1��. 1 , , f- •
- " I . � � ■ w„ �I Tax Lots
� ,r � -,____t...',". k 1i N ��■a All Roads
r �' • , 4 s . 1 A �Y r VI A , UrUan Growth Boundary
I aWSwe , I w r:111 �u Yakima UV' A -.4., r f T
; ! , . !-- .. 9 i P ,," I --A?L-
i- I _ _ f /)
^ - i L' ➢ .r- 71 ) _[• _ j-, i I 1. + -' 7- ..
a n I[ , - . 4 . 1- 11 _
-am t L.., 1J '� . LF}
�i. . _ -_ -_ N
. � w
- r __ l , niorl G p UGA
' I y 4 _ +0 _ !. ' 7 4. ; 3 - „ .. , 0 0. 0 1.7 1.6 Miles
fi 1 - .. -� � -C' 'i/uf _l ^ / e. `� j w l
4... Z te r _ - JkG ntA�,_ —_
1 c y . 1 , - — l
. I fts.c.teg_____i
.,.�
..A., , -.1, MAP 13
® yuuumoum'uaiy n a Pr
kV oposed " °c '°°°k W+F ropose Annexation - Washington Heights
Proposed Annexation 2 foot interval
KU / 2 —
BORLEY WY
Q 1180
- i
' 1170
12e0 1240
����� —i2 - ----�= --
�•LaU
�240 i, ^� w 1.0 * M€AA AVE
� ..* d W La Q > ,
' ) (1 )
12 h- p
", iiiiissiv, _ _ i -
," 1334 1320
Ili . _ ? _ t. r/ VAreir/ #0 /780 12 _ �� ^+/��. eelliV� 1 1�
�o - ''`' ,' 4''� i°......,.fir,�.,..,.,.r��rlt br orrir.►�S�,y °row + Ci T �
` .1270 •rr .. «�sr. ' ,�r•.s,..wlwaw,�r,,,r. r'41, +.�- _ I
<n _ i J"' %`. mil// �r�� *.'.,,r -��� �; 1
.•� .�., � - • - -
_ _
'411 i /,,ee � /.� SPOKANE sr -
-..04-.4,---v„... 3oo.✓ 1 0> i�� °�i +r'�� �d� �'i�+r %�i�,� +�� 1.---: .1 , r - , ' I
II i
1 320 �1��1�� 1240 '
- -� �', �I �1� ~I®
I� ,� f200 - \
d , �.,. . �" ::,. i .' - moo' ,
.40 - 1210 _
r
. j______
350 1 220 _
Q .� 1230 _ - II
133U' �� 126 :. , 1 i 10
- (4: L__ . _ , _ I
I � � k
w i N w ( .. T 1 ____________),
��
• 1350 Y 1 ,-,, "-
I
AO: f )CCIDENTAL RD r ,M,. - 1- _ 1 •
1310 ` - 132 , 1
� , 1180 ,!
^-- .. 13 1310!`�� ``a p 7 5 . 7 ' `
.1300 ...•` ;:.+. . �j11 41110 0A r'
4 a '�" ` � ..... _.��' % ate.' ` S 1
J 0 ti r 1250 w: " ''' N '
e • a
,� �I 1
�r-L,ry `4--•— ,••' L i n l ) l �� f1I
0 . '
0
•
I T -- r* 1 . i , . . Gpos --1-7----1
. ' 1 L-1 - Vsir"
1 I _ X16 §S -
I r 20 f 1:1t ''— ���� - --- - /IVM J -
risift.AINIL , . I , , sel
0 5111011111 _
"Milliella , � , , .� :: i ca _ � L _
2 C231 ifort -L-L--
- 1 ,, F i r i _,_, 1_ _kph : !IL I, _ ,.
3 ag 31111 kl (4 '111 g 1=1W -
1fildEliiiMMEIViiilli PC3 -....! ..- ad
L i _ ,.....,_ .,;.....,....._-_„: ...it . Apin:
. i_i_
._ ,.........=- —,-.... 1 ...... li o li r 117..........i.r....1... MEIMIIIII■ ..-- •±
...Nei IIII MO 11 - - _ . :::: 1"..-- --"'"•••----=-- "---.:;., _ ---T — — 7 . __ _WI. - - :: 11 1 _
rommusffirilomsimoreg P - 4- aproolusai 7 I-
. p ri ®N 1 PM ` �•% - ►.
��� ., lia it
. ...,
•
I I1 JIJJ '! T ' r . o_ T NE I
MOM IIMIlib 1
•
I I I 1 i
•
I — 1 --- — — ---- . • - __, --______ .. _ ______. ______.____
1 -1- 1 7 - geS3W02.47 --1-- -I --H - -
i L _1 1. t4 , s ... -- „....mur - - . , 4,---..*=.,.._ ,,Ii,
t �� � R CFI,. •��7L� I I I I
I I ..,,,,,yiL �• -_ - 1 2 MI it —
"mg Mk...1r-
IIIIIININfiltiliagingill °los 11
& ' - ...AL,..................,....4 ' 1111•1 _01 L
1
. rEZZINEffitialligglaa 1 I 111111011-1111 L I-
Prieratatirq1IN I 71- 1-1-
tiurir4Th acti ...ARE ' i_. a ,—=- - 1 ' ► PAN„lirliMilr° n �ri _
. oPnOyJ 2 �i4 _
J
111 1,15 . mole - 0 . 7= 7
C ou-Lb co ° C ° % 6 ftaK`� iI
�' $
I I 1 I
e 0 0
• 0 •
f - - - -- Igi - y/: , G FI aw . z - - T T : 1 I NW 0 1 I 1 L J ' ' t A .,: - - - 2 7 ° _ ,-. . , - - '-' i r.,, 0 raiz h - .4- - - - ..,„ . 1 1 1 1
1 p-- —,—.0x..
_ 61,_ y 1 im . 4p. ' � ., imra vo 2201 _'� / - -- p if 0 'liar ..�,►�.
iliellif $ - lid 1 r
..��. _ c -- - - wi w� L -i -.
MINN.: - ill Eton .E:311111WIEVIN,ItaraMilitairt417.4 -i- r
„„, „„, , _ Fil, LIMIE23111 OE 2 0 1 31. iihii, ..- f _maw
41 , = _____ . i__ _
r - re ---: " ---- Rarrorfiliiiiiiill'11
- • ntlir tii.:4-7.7-s---=-- n re- .2
o pertor.1 -1. . . 6;g4agl'
11 J T
. EPIIIRIIII a_ l •i� _ 4,0
1
• 1 1 1 1 1 1 1
. _.
. _
' 1 d ' ma y. i ' 'i _. Set Umbel
, , s West Valley
ti ,
I' �..aa Neighborhood Plan
a
,
, � . I .."- ? I Inset Map I R
' ' I_Li r
', _ Me. w . w M. A. is _ 5•
F uture Land Use
a l \� I 1 -- £ _ , . osw, ` _ • Future Land Use
II }= l( �� I ���' - � Low Density Residential
+ t i. I t j� � f y 1 w " ' m " �! r Medium Density Residential
- �.r. s _ 1 i _ ! 1 i' I i 1 - High Density Residential
1 i 1 q + � Y� j Neighborhood Commercial
� ii; _ 4 . € ,. w,. , k 1..." R 1 . . c a R _ � s Communi Commercial
• i A
1 1 •. -. ' - ' i s s `; General Commercial
a , rn [ -1 E � - _ Industrial
c*..,....... _ Y I 1e 1 " I _ I. I. 1 ,„ 3 G i , wlw ' .x.. I _ 1 o _ 1 1 f . • � . �. 1 ' I Parks & Recreation, Open Space
I
.
1
s �• 4 i may` z, i „ �I i . ; � � I fl . I - 1 ! F oodplain 8 Floodway
1..R. : y - z _ a I -# - 11 # i, _ / ; l West Valley Neighborhood Planning Area
a
f s.__
._ ° -, 1 1 ■ City Limits
..o . Tax Lots
1' g .. Yakima UGA i
- `� -__ '4 N .. r •i 1 ..1 i 1 i I r / .. _.. w. e e. 114 i �.
�_�� u �i f ¢ i i -. i w• .1 1 Urban Growth Boundary
�t r V - awl...._ # ,'ti 11y..fo- ■ I%A _ All Roads
i i
.11nIscro Rd •
1. e
8 5 8 • ■ 8 1 1 1 I . m _ I - -- ►: 5' ^tf'S .. _. _ r _. 7 ............ z- lfam..� el. - '
c
8 wl,... RE i - • • f , .-1 _JI d. I L Lo :, < RI •
g I ...
.
F' u PO: ' .R ' i
fl
1 - Iwo= r i 't . - . ' Li
a M.-- . ' tiJ ^t " I i me M' d1. _ ..4. I' w • 111E-11 n - _ .... _ N
a.nn Re I. - — i Y 1 "* 1 c<.....a .. . - . - - ...L � -
a 0° 1 , Union Gap L A A
■ 6 ..
3 � r f ' • • el I I I _ -' r - `. IMP" Dr . n.ln _
r : r.: .- f ._, c••• \ C 0 0.5 1.5 Mlles
- -- '- llnnng,,•„k 11 . E .- ......... RO_ i € .
I
_ w i M..Pw..IM t MAP 4
• • III
1 Ia Yakima.DBO.Yakima_CL
i
elinch = 4,400 feet gov Proposed Annexation Washington Heights DID (Drainage Improvment District)
County DID
f—
ill to
FRS/ _
1 � -� eC V� z co
W I. T1 ST Z 2
.. w
OR C A STLEV E RD > y y
•�� 1 � /�i N N
rill Z O°NPEE
ENGLEWOO. • VE
a • • INCOLN AVE Z 2 0
f
a SUMMITVIEW AVE > m �m Si w r
c ill co w a `� VJP � N V� a Y
w �) ♦ a 2
0
R a , L - T IETON DR ' z PACIFIC AVE
w
w to Q
w Q Q LL E NOB HILL BL co > ¢ .J W NOB HILL BLVD CD
2 ao w Q 2 c N
f
co Q j v t E VIOLA AVE F
v> I w
z ° 2 to r°
' W MEAD AVE p E M,F�Q A
Li . ZIER t
co rimomIlmali c oi l
co
2
(7)
W HINGTON AVE _ l 7 c ______ ___
a 1 COOLIDG RD > 1 • CIDENTAL f�D Q 0 � �j' - -�— z PIONEE �
to.--
11 w AHTANUM RD
W AHTANUM RD
a _ _11
2
1 -
. 0 .
ip co
N � ,
TEST RD W + 1 inch = 26,000 feet it °,
p s "
p K
K w a
O <O w 0 h
" N Legend i
Al MAPLEWAY RD 2
Yakima City Limits
_ Lower Valley City Limits
pr D AVE E v". AVE RO�:A HILL DR
. I SUMMITVIEW AVE
TIETON DR w YES RD
NftDE HOL W NOB HILL BLVD x y, 0
ZIER R < e < N ' I , ( MIERAS RD
/l.. H `4(....:16-- U
R E . r p 7 N � -1 POSTMA RD
1 _ t,,
D ?
m a
w
2
-"5
lo
2
p f
z
0 ¢ JONES RD 9iry9 L9! (F I -
a y
m
W WAPATO RD m w 1 ` GILBERT RDp
6
p 0 w e LF,y K
4 z HIGHLAND DR
cc Z 5 U R 2 0 ? HOUGHTON RD
2 ,,, 0
Li O 0 0 CHAPELLE RD
BRANCH RD E BRANCH RD '`U E ZILLAH DR
w 3 p CHAFFEE RD
in m MCOONALD RD F. MCDONAL D Ni
`(( T ¢
0
K =ORT RD 40.13T AVE URLEW RD Q GURLEY RD INDEPENDENCE RD p p
m 0 Z p K
p 8 2 p S U r z 0 0 C SLIRD
�O U
Z x 0 0 a 'f m E , x
y N Z 3 R0 v J VAN BELLE R W 3 /1
0 w J ENSEN RD U m OUTLOOK R'iI SHELLER RD
6 1 ED FACT R
i A � FACTORY RD
SCHUSTER RD
o EMERALD RD AL R� . _ ALEXANDER EXT
2 1
0
BISHOP RD ce
x
4
_ STOVER RD U 10 x Y.
�1
a 1J�E RD
p GREEN VALLEY RD FORSELL RD O CR
V= K w
O
y 0 * N
CHASE RD N
O
R a
Z E EUCLID RD p
j O
0 0
110
0
•
1
RECEIVED
44;r • SERVICE • t i AUG 2 6 2009
/� (� ITY aF YAKI A l � e ce PLANNIN
4** trl DIV.
O o � * *.... 128 North Second Street • Fourth Floor Courthouse • Yakima, Washington 98901
(509) 574-2300 • 1-800-572-7354 • FAX (509) 574-2301 • www.co.yakima.wa.us
Yd41C1 ma" I VERN M. RED!FER, P.E. - Director
C CHU PITY r, - --
August 21, 2009 RELINED
Washington State Boundary Review Board for Yakima County
128 North Second Street AUG 2 4 2009
Fourth Floor Courthouse YAKIMA COUNTY
Yakima, Washington 90901 BOUNDARY REVIEW BOARD
RE: File No. BRB 2009 -002 City of Yakima /Washington Heights Annexation
Dear Chairman Puccinelli and Members of the 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);
• 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 80 Avenue. While the details
of long plat review 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:
•
by r l itl ,'
Yakima Comuy ensures full compliance with Title VI of the Civil Rights Act of 1964 l y p o rib r tg d , is u i mention against an person on the basis
of race, color, national origin, or sex in the provision of and services resulting front 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.
!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 T DD users, please use the Slate's toll fire relay service 1- 800 -833 -6388 and ask the operator to dial 509 - 574 -2300.
0
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 80 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 annexed and 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
411
after holding public hearings, the larger area between Zier and Coolidge Roads could be annexed
under this provision.
4110
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.
Sincerely,
•
moo.` M. Eri
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 Sen *ices Director
Jeff Spencer, Planning Division Assistant Director
G: \ADMINISTRATIVE\Annexalion Comments \Washington Heights Invoke jurisdiction letter August 20.doc
:L._._._.____._______________z jaadii A MC \____o_ dithillk. . .- . N: 0
BOARD OF YAKIMA COUNTY COMMISSIONERS
*District One * District Two * District Three
Michael D. Leita Kevin J. Bouchey J. Rand Elliott
1 ebruan 17. 2010
I Ion. Micah Ca.%le . \•layor
Yakima City Council
129 North Second Street
Yakima WA 9890
RI.: File No. 13813 2009 -009 Washington Heights Annexation
Dear Mayor Cawley and Members of the Council:
By letter dated December 9, 2009 the l3oard of Commissioners sent a letter to then Mayor Edler and the Council
concerning the lands in and around the \\ ashington Heights and Hochrein- Foursquare Annexation proposals. We directed
staff to request the Boundary Review Board (BRB) 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' and Wide Hollow
Roads.
ate Board belie\ es that a larger surrounding area should be annexed by the City. Commissioner Leila raised the issues
v, ith the Cit, 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 stale start..
(ref. RCW X5.1 3.470) provides for the area between Zier and Coolidge Roads in the Washington Heights case to be
annexed if both the Citr even/ Conine hold public hearings and agree to the annexation.
The Board still holds the opinion that the Washington Heights annexations would Netter serve the public interest if
adjoinimt unincorporated lands are included. Development of roads. utilities and delivery 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
on the \Waslainm on Ileighis 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 tiyould : elcome the opportunity for further discussion at your earliest opportunity.
Sincerely.
......--4 � _,
Michael D. Leila. C hatrntan
:u ri
i
• 6 0—in o er. Commissioner
iI - i
�, , gyp
. R- Id Elliott. C'oMmissioner
cc: 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
IP
Yakima County Boundary Reviews Board
128 North Second Street • Yakima. Washington 98901 • 509 -574 -1500 = FAX: 509 -578 -1501