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HomeMy WebLinkAbout2023-008 Ordinance on the Golden Ridge Annexation in the vicinity of Coolidge Road and S 96th Avenue ORDINANCE NO. 2023-008 AN ORDINANCE annexing the Golden Ridge Annexation area to the City of Yakima, contingent on Yakima County Boundary Review Board approval. WHEREAS, on May 12, 2022, the owners of not less than ten percent (10%) of the acreage in property within the proposed Golden Ridge Annexation submitted a Notice of Intent to Commence Annexation, pursuant to the direct petition method form of annexation found in RCW 35.13.125 through RCW 35.13.160; and WHEREAS, on July 5, 2022, the City Council, at an open public meeting, accepted the Notice of Intent to Commence Annexation as presented, including the information that the current zoning of the property is consistent with the City's comprehensive plan, that the properties will be taxed at the same rate and on the same basis as other parcels in the City, and that the properties would be subject to any outstanding indebtedness to the City, and directed staff to draft the petition and collect signatures from property owners; and WHEREAS, following acceptance of the Notice of Intent, Petition number 22-05, was drafted and circulated for signature; and WHEREAS, the proponents presented the City with a signed petition, consistent with RCW 35.13.130, reflecting the signatures of parties who own not less than sixty percent in value of the Golden Ridge Annexation area, and WHEREAS, on September 15, 2022 the Yakima County Assessor issued a Determination of Sufficiency which identifies that the signatures on the petition comprise not less than sixty percent of the assessed value of real property; and WHEREAS, the Golden Ridge Annexation area is approximately 38.3 acres of unincorporated Yakima County, contiguous to and generally located North of Coolidge Road, in between S 96th Ave and the future alignment of S 94th Ave; and WHEREAS, the assessed value of the annexation area is approximately $530,800 which is expected to generate approximately $1,097 in property tax revenue to the City of Yakima. In addition, expected development in the area will be processed by the City of Yakima, which will generate permit connection fee revenue along with increased property tax revenues as development occurs; and WHEREAS, garbage and refuse collection within the Golden Ridge Annexation area is presently capable of being served 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 Golden Ridge Annexation area, a franchise to continue such service to residential properties within the Golden Ridge 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. WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on February 7, 2023 and; WHEREAS, the City Council has been fully advised and finds that all statutory requirements have been satisfied in order and accomplish the proposed annexation, and that it is in the best interest of the City and its residents to annex said property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Findings 1. The annexation petition requirements of RCW 35.130. have been satisfied by annexation petitions signed by the owners of not less than sixty percent of the assessed value of the property. 2. The Golden Ridge Annexation should be annexed to the City of Yakima. 3. The Golden Ridge Annexation property shall be assessed and taxed at the same rate and basis as other property within the City of Yakima to pay for all or of any portion of the outstanding indebtedness of the City as incurred before, or existing at, the date of the annexation. 4. The Golden Ridge Annexation area's Comprehensive Plan Designation of Low Density Residential shall be in effect. 5. The City of Yakima shall file a completed Notice of Intention to the Yakima County Boundary Review Board. Section 2. The real 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 as the "Golden Ridge Annexation," is hereby annexed into the City of Yakima, Washington, pending approval of the Yakima County Boundary Review Board of the proposed annexation as presented to it. Section 3. The Golden Ridge Annexation area's Comprehensive Plan designation shall be Low Density Residential, and the zoning shall be Single-Family Residential (R-1) as outlined in Exhibit "C." Section 4. The next regularly amended Zoning District Map prepared by the City of Yakima shall show the Golden Ridge Annexation area zoned and classified as set forth in Section 3 above. Section 5. The City Clerk is hereby authorized and directed to file, pending approval of the Yakima County Boundary Review Board to the proposal as specifically outlined herein, a certified copy of this ordinance with the Yakima County Auditor 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 to annex and to provide residential refuse collection and disposal service to the Golden Ridge Annexation area. Section 6. As required by RCW 35.13.270, the City Clerk is hereby authorized and directed to provide, pending approval of the Yakima County Boundary Review Board, notification by certified mail that includes a list of the Assessor's tax parcel numbers of all properties within the Golden Ridge Annexation area to the Yakima County Treasurer and Assessor at least sixty 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 in the Golden Ridge Annexation area for a record of seven years from the effective date of the annexation. Such franchise does not apply to garbage and refuse generated by commercial establishments. Section 8. This ordinance shall be in full force and effect 60 days after consideration and approval of the Yakima County Boundary Review Board, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 7th day of February, 2023. ATTEST: yPKiMq Janice Deccio, Mayor acia4 F,AL t Sonya Claar,`fee City Clerk Publication Date: Thal o?/, ao23 Effective Date a a3 Section 7 above is accepted by Franchisee this 19 - day of Yakima Waste Syste s, Inc. By: Signer's Name Printed: it ICk t'K ( t4i °v� Signer's Title: N.5-1-i7.T Mayy leer EXHIBIT "A" Annexation Map NF COR LOT 3 w�•� ., PROPOSED �t� 38.3± MITSOE ANNEXATION i2• � P�3 ACRES EXISTING CITY LI YAKIMA PwdP \. Ge 4 COOLIDGE ROAD • `& N PROPERTY OWNERSHIP TABLE O 181331-32007 APPLE TREE CCNSTRUCTION COMPANY, LLC ® 181331-32001 APPLE TREE CONSTRUCTION COMPANY, LLC \./ 181331-32005 APPLE TREE CONSTRUCTON COMPANY. LLC (4:1, IEl331-32008 CLAUDIA RICHARDSON iO HLA . i" APPLE TREE CONSTRUCTION COMPANY LLC 7 ,� a.`�rm AKIMA C RINT ANNF 7N .,.. VAKIMA COUNTY WASHINGTON IRKS lad%RV.,I..; ... - _.. ....'\1. =mv. 3." EXHIBIT "B" Legal Description That portion of Government Lot 3, Section 31, Township 13 North, Range 18 East, W.M., described as follows; Beginning at the Northeast corner of said Lot 3; Thence Westerly along the North line of said Lot 3 to the Easterly right of way of 96th Avenue; Thence Southerly along said East right of way line to the North right of way line of Coolidge Road; Thence Easterly along said North right of way line to the West line of the East 205 feet of said Lot 3; Thence Northerly along said West line to the North line of the South 246 feet of said Lot 3; Thence Easterly along said North line o the East line of said Lot 3; Thence Northerly along said East line to the Point of Beginning; Situate in Yakima County, Washington. EXHIBIT "C" Zoning and Future Land Use Golden Ridge Annexation - Future Land Use • • a • • • • • L_ � • • • • et • • • •. . . • •• sm . . , • •• ■ • ■ ♦� • • me •• • • January 18,2023 1:36,112 0 02 04 0.0 m Future Land Use Commercial Mixed Use 0 Yakima City Limits I 1 % s 1 0 0.33 0-65 1.3 km Low Density Residential Community Mixed Use -_ Yakima Urban Area nuno cs oa of V..:,..Vew.gs,caV aV.rw.ca.Ear w.v. Nr,uscs FEAU Mixed Residential Industrial City„V,,,v WasIvng. Cn,a Vy..,.w.l.gin,-]o,v EXHIBIT "C" Zoning and Future Land Use Golden Ridge Annexation - City Zoning ■ ✓ ■ r r �MN NW EM ✓ � ■ ■ r ■ ■ ra M ♦� j Maid• • ■ • • • ♦♦• ♦ ■ ■ ■ ./ ■ r ■ January 18,2023 1:38,112 0 Yakima Urban Area Zoning R-3 Multi-Family 1 % 4 y SCC Small Convenence Center M-1 Light Industrial 1 0 2 0.8 m' DA i ti SR Suburban Reardentral B-1 professional Business LCC Large Convenience Ceram.0 Yakima City Lints 0 0.33 0.65 1.3 km R-1 Sevin m Family B-2 Local Business GC General Commercial s_:Yaks Urban Area _Cary v.`mv vim.Cryd Yr...Gs.Ear rusty. R-2 Two Family city d vr.n. Cur dV .n..aMpm.201? BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: February 7, 2023 ITEM TITLE: Public hearing and Ordinance on the Golden Ridge Annexation in the vicinity of Coolidge Road and S 96th Avenue SUBMITTED BY: Joan Davenport, AICP, Community Development Director *Joseph Calhoun, Planning Manager (509) 575-6042 SUMMARY EXPLANATION: A Notice of Intent to Annex was received on May 12, 2022, and accepted by Council on July 5, 2022. The Petition has been drafted and signed by no less than 60% of the owners of real property based upon assessed value, as certified by the Yakima County Assessor on September 15, 2022. The legal description of the annexation area was certified by the Yakima County Engineer on October 24, 2022. The Golden Ridge annexation includes approximately 38.3 acres of R-1 zoned land. If approved by Council, staff will finalize the packet for submittal to the Boundary Review Board (BRB). If approved by the Boundary Review Board, the Ordinance will be recorded and become effective 60-days thereafter. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass Ordinance and direct staff to submit application to the Boundary Review Board ATTACHMENTS: Description Upload Date D Ordinance 1/18/2023 D Ordinance (black and white) 1/18/2023 D Staff analysis 1/18/2023 D Annexation Background Information 1/18/2023 Type Ordinance Ordinance Backup Material Backup Material ORDINANCE NO. 2023-____ AN ORDINANCE annexing the Golden Ridge Annexation area to the City of Yakima, contingent on Yakima County Boundary Review Board approval. WHEREAS, on May 12, 2022, the owners of not less than ten percent (10%) of the acreage in property within the proposed Golden Ridge Annexation submitted a Notice of Intent to Commence Annexation, pursuant to the direct petition method form of annexation found in RCW 35.13.125 through RCW 35.13.160; and WHEREAS, on July 5, 2022, the City Council, at an open public meeting, accepted the Notice of Intent to Commence Annexation as presented, including the information that the current zoning of the property is consistent with the City’s comprehensive plan, that the properties will be taxed at the same rate and on the same basis as other parcels in the City, and that the properties would be subject to any outstanding indebtedness to the City, and directed staff to draft the petition and collect signatures from property owners; and WHEREAS, following acceptance of the Notice of Intent, Petition number 22-05, was drafted and circulated for signature; and WHEREAS, the proponents presented the City with a signed petition, consistent with RCW 35.13.130, reflecting the signatures of parties who own not less than sixty percent in value of the Golden Ridge Annexation area, and WHEREAS, on September 15, 2022 the Yakima County Assessor issued a Determination of Sufficiency which identifies that the signatures on the petition comprise not less than sixty percent of the assessed value of real property; and WHEREAS, the Golden Ridge Annexation area is approximately 38.3 acres of unincorporated Yakima County, contiguous to and generally located North of Coolidge Road, in between S 96th Ave and the future alignment of S 94th Ave; and WHEREAS, the assessed value of the annexation area is approximately $530,800 which is expected to generate approximately $1,097 in property tax revenue to the City of Yakima. In addition, expected development in the area will be processed by the City of Yakima, which will generate permit connection fee revenue along with increased property tax revenues as development occurs; and WHEREAS, garbage and refuse collection within the Golden Ridge Annexation area is presently capable of being served 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 Golden Ridge Annexation area, a franchise to continue such service to residential properties within the Golden Ridge 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. 8 WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on February 7, 2023 and; WHEREAS, the City Council has been fully advised and finds that all statutory requirements have been satisfied in order and accomplish the proposed annexation, and that it is in the best interest of the City and its residents to annex said property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Findings 1. The annexation petition requirements of RCW 35.130. have been satisfied by annexation petitions signed by the owners of not less than sixty percent of the assessed value of the property. 2. The Golden Ridge Annexation should be annexed to the City of Yakima. 3. The Golden Ridge Annexation property shall be assessed and taxed at the same rate and basis as other property within the City of Yakima to pay for all or of any portion of the outstanding indebtedness of the City as incurred before, or existing at, the date of the annexation. 4. The Golden Ridge Annexation area’s Comprehensive Plan Designation of Low Density Residential shall be in effect. 5. The City of Yakima shall file a completed Notice of Intention to the Yakima County Boundary Review Board. Section 2. The real 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 as the “Golden Ridge Annexation,” is hereby annexed into the City of Yakima, Washington, pending approval of the Yakima County Boundary Review Board of the proposed annexation as presented to it. Section 3. The Golden Ridge Annexation area’s Comprehensive Plan designation shall be Low Density Residential, and the zoning shall be Single-Family Residential (R-1) as outlined in Exhibit “C.” Section 4. The next regularly amended Zoning District Map prepared by the City of Yakima shall show the Golden Ridge Annexation area zoned and classified as set forth in Section 3 above. Section 5. The City Clerk is hereby authorized and directed to file, pending approval of the Yakima County Boundary Review Board to the proposal as specifically outlined herein, a certified copy of this ordinance with the Yakima County Auditor 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 to annex and to provide residential refuse collection and disposal service to the Golden Ridge Annexation area. Section 6. As required by RCW 35.13.270, the City Clerk is hereby authorized and directed to provide, pending approval of the Yakima County Boundary Review Board, notification by certified mail that includes a list of the Assessor’s tax parcel numbers of all properties within the Golden Ridge Annexation area to the Yakima County Treasurer and Assessor at least sixty days before the effective date of the annexation. 9 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 in the Golden Ridge Annexation area for a record of seven years from the effective date of the annexation. Such franchise does not apply to garbage and refuse generated by commercial establishments. Section 8. This ordinance shall be in full force and effect 60 days after consideration and approval of the Yakima County Boundary Review Board, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 7th day of February, 2023. ATTEST: Janice Deccio, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: Section 7 above is accepted by Franchisee this __________________day of ________________, _______. Yakima Waste Systems, Inc. By:___________________________________________ Signer’s Name Printed:___________________________ Signer’s Title:___________________________________ 10 EXHIBIT “A” Annexation Map EXHIBIT “B” Legal Description That portion of Government Lot 3, Section 31, Township 13 North, Range 18 East, W.M., described as follows; Beginning at the Northeast corner of said Lot 3; Thence Westerly along the North line of said Lot 3 to the Easterly right of way of 96th Avenue; Thence Southerly along said East right of way line to the North right of way line of Coolidge Road; Thence Easterly along said North right of way line to the West line of the East 205 feet of said Lot 3; Thence Northerly along said West line to the North line of the South 246 feet of said Lot 3; Thence Easterly along said North line o the East line of said Lot 3; Thence Northerly along said East line to the Point of Beginning; Situate in Yakima County, Washington. 11 EXHIBIT “C” Zoning and Future Land Use 12 EXHIBIT “C” Zoning and Future Land Use 13 DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov ∙ www.yakimawa.gov/services/planning CITY OF YAKIMA FINDINGS of FACT, CONCLUSIONS & RECOMMENDATION for PETITION FOR ANNEXATION Application # ANX#001-22, PETITION 22-05 PETITIONER: John Borton, Claudia Richardson LOCATION: Vicinity of Coolidge Road and S 96th Avenue PARCEL(S): 181331-32008, 32007, 32001, 32005 DATE OF PETITION: August 5, 2022 DATE OF RECOMMENDATION: February 7, 2023 STAFF CONTACT: Joseph Calhoun, Planning Manager I. DESCRIPTION OF REQUEST: Petition to annex four (4) parcels totaling approximately 38.3 acres, into the City of Yakima II. PROPERTY INFORMATION: The annexation area includes the following zoning and land use: Parcel Zoning Land Use Acres 181331-32008 R-1 Single-Family Dwelling 1.6 181331-32007 R-1 Vacant / Agriculture 18.81 181331-32001 R-1 Vacant / Agriculture 10.4 181331-32005 R-1 Vacant / Agriculture 7.61 III. ANNEXATION TIMELINE: Notice of Intent Received May 12, 2022 Council Acceptance of Petition July 5, 2022 Legal Description Certified by County Engineer October 24, 2022 Annexation Signatures Certified by County Assessor September 15, 2022 Council Set Date January 17, 2022 Public Notice Sent January 20, 2022 Public Notice Published in Newspaper January 20, 2022 Annexation Signs Posted on Property January 20, 2022 IV. FINDINGS OF FACT: A. Annexation Procedure: The Golden Ridge Annexation was submitted and processed under the “Direct Petition Method” in RCW 35.13.125-170. This statute requires the owners of real properties comprising not less than 60% of the assessed valuation to sign the petition. The petition signatures were certified by the County Assessor. 14 B. Urban Growth Area: Per RCW 36.70A.110(3), “Urban growth should be located first in areas already characterized by urban growth that have existing public facility and service capacity to serve such development, and second in areas already characterized by urban growth that will be served by a combination of both existing public facilities and services and any additional needed public facilities are provided by either public or private sources. Further, it is appropriate that urban government services be provided by cities, and urban government services should not be provided in rural areas.” The 2003 Yakima County Wide Planning Policies (YCWPP) includes the following policy statement: A.3.12.: Annexations will not occur outside established urban growth areas. Annexations will occur within urban growth areas according to the provisions of adopted interlocal agreements, if any. The City of Yakima and Yakima County Interlocal Agreement (Resolution R-2015-139) promotes orderly and contiguous development of the City through annexation. In the preamble of the agreement it is noted “The purpose of UGA designation is to target these areas for urban growth and urban levels of services, and eventual annexation or incorporation.” C. Comprehensive Plan Criteria: The City of Yakima Comprehensive Plan 2040 provides the following criteria, Policy 2.1.9 of the Land Use Element: Consider annexation requests in accordance with review criteria, including, but not limited to: a. Areas to be annexed are included in the UGA. Staff Response: The total area of the Golden Ridge Annexation is within the UGA b. The annexation boundary, where appropriate, should adjust any impractical or irregular boundaries created in the past. Staff Response: Not applicable. This annexation is directly adjacent to city limits. c. The annexation boundary should, where appropriate, provide a contiguous and regular boundary with current City limits. Staff Response: This annexation area is contiguous to the existing City limits. d. The annexation proposal should create and/or preserve logical service areas. Annexations generally should not have or create abnormally irregular boundaries that are difficult to serve. Staff Response: The Golden Ridge Annexation creates a logical service boundary based on existing access factors and anticipated future development on Coolidge Road. 15 e. The City should give priority consideration to annexation proposals that are financially self-sufficient or those where the fiscal impact can be improved. The City should develop a variety of service delivery or revenue enhancing options to increase the feasibility of annexation. The City will prepare a fiscal analysis of the annexation proposal prior to annexation. Staff Response: The fiscal impact of this annexation is minimal, and general fund revenue will increase as development occurs. The annexation area is largely vacant, with only one single-family homes in the area. As most of the annexation area (36.7 acres) is vacant and zoned R-1, it is anticipated that future residential development will occur. At R- densities, the remaining buildable area (after removing land for streets, parking and open space), at 27.61 acres could support approximately 193 dwelling units (at a density of 7 units per acre). The City of Yakima has approximately 2.73 persons per household (Comprehensive Plan 2040) which would add approximately 527 additional people at full buildout. Zoning Less 25% for Streets, Parking, and Open Space Buildable Acreage R-1: 7 du/nra 9.25 27.6 Total Units 193 2.73 people/unit 527 From a fiscal standpoint, the impact to city services is minimal and it is not anticipated that existing city services would suffer as a result of this annexation. New development would be responsible to extend utilities and frontage improvements. As noted above, when development occurs the City will receive the permit and connection fees, along with the property tax revenue of the newly developed properties. A portion of the property is currently being reviewed by Yakima County which will add 22 lots for single- family dwellings. V. CONCLUSIONS 1. The Petition for the Golden Ridge Annexation was signed by the required valuation threshold, as certified by the Yakima County Assessor. 2. The Golden Ridge Annexation is consistent with the applicable criteria found in the City of Yakima 2040 Comprehensive Plan, the Yakima Countywide Planning Policies, and the City/County Interlocal Agreement. 3. The City of Yakima has sufficient capacity to serve the annexed area. VI. RECOMMENDATION TO CITY COUNCIL The Planning Division recommends approval of the proposed Golden Ridge Annexation Ordinance. If approved by Council, the necessary documents will be transmitted to the Yakima County Boundary Review Board (BRB) for final consideration. If ultimately approved by the BRB, the Ordinance will be filed and become effective 60 days thereafter. 16 17 18 19 20 21 22 23 24