Chapter 18.290
ANNEXATIONS
Sections:
18.290.020 Initiation by 10 percent petition.
18.290.030 Sixty percent petition for annexation.
18.290.050 Ordinance providing for annexation.
18.290.060 Effective date of annexation.
18.290.010 Eligibility.
To be eligible for annexation, a property or properties must be contiguous to the existing city limits and within the current urban growth area boundary for the city of La Center. [Ord. 2006-17 § 1, 2006.]
18.290.020 Initiation by 10 percent petition.
(1) Applications for annexation shall be initiated with a petition to the city council by property owners representing not less than 10 percent of the assessed value of the property to be annexed. Applications shall include the following:
(a) A completed 10 percent petition form provided by the city planner for that purpose.
(b) All appropriate fees are paid in full.
(2) The city council shall meet with the initiating petitioners within 60 days of receiving the petition to:
(a) Determine whether the city will accept, reject, or geographically modify the proposed annexation;
(b) Determine whether it shall require the simultaneous adoption of a proposed zoning designation, if such a proposal has been prepared and filed for the area to be annexed; and
(c) Determine whether it shall require the assumption of all or of any portion of existing indebtedness by the area to be annexed.
(3) If the legislative body requires the assumption of all or of any portion of indebtedness and/or the adoption of a comprehensive plan amendment or concomitant rezone agreement, it shall record this action in its minutes and subsequent petitions for annexation shall be so drawn as to clearly indicate this fact.
(4) There shall be no appeal from the decision of the city council. [Ord. 2006-17 § 1, 2006.]
18.290.030 Sixty percent petition for annexation.
(1) Provided the city council has approved, or approved with conditions, a previous 10 percent petition for annexation, the initiating party or parties shall submit 10 copies of the following:
(a) A completed 60 percent petition form containing signatures of property owners representing at least 60 percent of the assessed value of the area to be annexed, as provided by the city planner for that purpose; provided, that a petition for annexation of an area having at least 80 percent of the boundaries of such area contiguous with a portion of the boundaries of the code city need be signed by only the owners of not less than 50 percent in value according to the assessed valuation for general taxation of the property for which the annexation is petitioned.
(b) A statement of acceptance of proportionate share of city indebtedness and acceptance of city land use regulations.
(c) A legal description of the annexation area.
(d) A scale map of the annexation area prepared by a licensed surveyor including all rights-of-way proposed for annexation.
(e) A completed SEPA environmental checklist for the zoning designation.
(f) The names and addresses of owners of land within a radius of 300 feet of the perimeter of the annexation area. Owner names and addresses shall be printed on mailing labels.
(i) The applicant shall submit a statement by the assessor’s office or a title company certifying that the list is complete and accurate, based on the records of the Clark County assessor within 30 days of when the list is submitted.
(ii) If the applicant owns property adjoining or across a right-of-way or easement from the property that is the subject of the application, then notice shall be mailed to owners of property within a 300-foot radius, as provided above, of the edge of the property owned by the applicant adjoining or across a right-of-way or easement from the property that is the subject of the application.
(g) Evidence demonstrating that all public facilities and services necessary to serve the annexation territory, at full build-out, are either constructed or planned for and funded at a level of service sufficient to meet the demands of the most intense development allowed on the property in question.
(i) The critical public facilities and services subject to this policy include water, wastewater, stormwater, transportation, parks and schools. The applicable level of service standards are those stated in the city’s current adopted capital facilities plans or dictated by the calculated demand of the most intense development allowable on the subject property, whichever is greater.
(ii) This evidence shall include a narrative and explanation as to how and when each necessary public facility and service will be provided for the site in question concurrent with development and how the levels of service currently constructed or planned to be constructed will be adequate to serve the most intense development allowable on the subject property.
(h) All appropriate fees identified are paid in full.
(2) Upon submittal of the petition and supporting documentation, the city shall:
(a) Conduct a lead agency review of the environmental checklist and issue a SEPA threshold determination for the zoning designation pursuant to Chapter 18.310 LCMC.
(b) Review evidence regarding public facilities and services.
(c) Seek a certification of sufficiency from the Clark County assessor’s office.
(3) Zoning of Residential Land Upon Annexation to the City. Newly annexed lands shall be incorporated into the city consistent with the comprehensive plan land use map. The LDR-7.5 zone is the default zone to be applied upon annexation of areas designated urban residential on the comprehensive plan map unless otherwise provided for at the time of annexation. [Ord. 2021-04 § 14 (Exh. K), 2021; Ord. 2006-17 § 1, 2006.]
18.290.040 Public hearings.
(1) Upon a determination by the city planner that a petition for annexation is complete, the city shall fix a date for a public hearing thereon and cause notice of the hearing to be published in one or more issues in the city’s official newspaper of record, posted in at least three locations on or in the vicinity of the property subject to the application, and mailed to all property owners within 300 feet as provided in LCMC 18.30.120(2).
(2) Notice shall be mailed, posted and published in accordance with LCMC 18.30.120.
(3) Public hearings shall be conducted in accordance with LCMC 18.30.110. [Ord. 2007-09 § 10, 2007; Ord. 2006-17 § 1, 2006.]
18.290.050 Ordinance providing for annexation.
(1) The city council shall make an annexation effective by ordinance.
(2) Subject to RCW 35.02.170, the ordinance may annex all or any portion of the proposed area but may not include in the annexation any property not described in the petition.
(3) Upon passage of the annexation ordinance a certified copy shall be filed with the Clark County board of commissioners.
(4) A copy of the ordinance adopting such proposed zoning regulation(s), duly certified as a true copy by the city clerk, shall be filed with the board of county commissioners and recorded by the county auditor. A like certified copy of any map or plat referred to or adopted by the ordinance or resolution shall likewise be filed with the board of county commissioners and the county auditor. [Ord. 2006-17 § 1, 2006.]
18.290.060 Effective date of annexation.
(1) Upon the date fixed in the ordinance of annexation the area annexed shall become part of the city.
(2) All property within the territory hereafter annexed shall, if the annexation petition so provided, be assessed and taxed at the same rate and on the same basis as the property of such annexing code city is assessed and taxed to pay for the portion of any then-outstanding indebtedness of the city to which said area is annexed, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the date of annexation and that the city has required to be assumed.
(3) If the annexation petition so provided, all property in the annexed area shall be subject to and a part of the proposed zoning regulation as prepared and filed as provided for in RCW 35A.14.330 and 35A.14.340. [Ord. 2006-17 § 1, 2006.]
18.290.070 Appeals.
Annexations are not subject to appeal or post-decision review. [Ord. 2006-17 § 1, 2006.]