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HomeMy WebLinkAbout2023-011 Public hearing and Ordinance on the Prickly Pear Annexation in the vicinity of Sorenson Road and S 38th Avenue Thence West along said North line to the East line of the West 221.6 feet of the East 606 feet of said Northwest quarter; Thence North along said West line to the South line of the North 1059 feet of said Northwest quarter; Thence West along said South line to the Easterly right of way line of South 52"d Avenue; Thence South along said right of way line to the South line of the North 71 feet of the South 979 feet of said Northwest quarter; Thence East along said South line to the West line of said North half of the Southwest quarter of the Northeast quarter; Thence South along said West line to the Southwest corner of said subdivision; Thence East along the South line of said subdivision to the West line of the East 660 feet of the Southwest quarter of the Northeast quarter of said Section 4; Thence South along said West line to the Northerly right of way line of Ahtanum Road; Thence East along said right of way line to the East line of the West 165 feet of the East 660 feet of the Southwest quarter of the Northeast quarter of said Section 4; Thence North along said East line to the South line of The North half of the Southwest quarter of the Northeast quarter of said Section 4; Thence East along said South line to the West line of Lot 1 of that Short Plat recorded in Book 88 of Short Plats, Page 25, records of Yakima County, Washington; Thence South along said West line to the Southwest corner of said Lot 1; Thence East along the South line of said Lot 1 to an angle point in said South line; Thence North to an angle point in said South line of said Lot 1; Thence East along said South line to the Southeast corner of said Lot 1; Thence North along the East line of said lot 1 to the Northeast corner thereof; Thence West along the North line of said Lot 1 to the Northwest corner thereof; Thence North along the East line of the North half of the Southwest quarter of the Northeast quarter of said Section 4 to the North right of way line of West Larch Avenue; Thence East along said North right of way line to the West line of Lot 1 of Bell-Mar Addition as recorded in Volume V, Page 35, records of Yakima County, Washington; Thence North along said West line to the North line of said Bell-Mar Addition; Thence Easterly along said North line to the West right of way line of South 38th Avenue; Thence North along said right of way line to the South line of the North 647.5 feet of Government Lot 4 of said Section 3; Thence West along said South line to the West line of the East 287.85 feet of said Government Lot 4; Thence North along said West line to the North line of the South 156.39 feet of the North 647.5 feet of said Government Lot 4; Thence East along said North line to the West right of way line of said South 38th Avenue; Thence North along said right of way line to the North line of said Section 3; Thence West along the North line of said Sections 3 and 4 to the Point of Beginning; Situate in Yakima County, Washington. Parcel Numbers: 181204-12001, 181204-13018, 181204-13016, 181204-13014, 181204-14409, 181204-11002, 181203-22008, 181203-22007, 181203-22005, 181333-44008 ORDINANCE NO. 2023-011 AN ORDINANCE annexing the Prickly Pear Annexation area to the City of Yakima, contingent on Yakima County Boundary Review Board approval. WHEREAS, on August 17, 2022, the owners of not less than ten percent (10%) of the acreage in property within the proposed Prickly Pear 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 September 20, 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 22-08, 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 Prickly Pear Annexation area, and WHEREAS, on January 6, 2023 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 Prickly Pear Annexation area is approximately 103 acres of unincorporated Yakima County, contiguous to and generally located South of Sorenson Road, in between S 38th Ave with a portion of property extending west to 52nd Ave; and WHEREAS, the assessed value of the annexation area is approximately $6,553,800 which is expected to generate approximately $135,427.78 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 Prickly Pear 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 Prickly Pear Annexation area, a franchise to continue such service to residential properties within the Prickly Pear 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 March 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 Prickly Pear Annexation should be annexed to the City of Yakima. 3. The Prickly Pear 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 Prickly Pear Annexation area's Comprehensive Plan Designations of Low Density Residential and Mixed 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 "Prickly Pear 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 Prickly Pear Annexation area's Comprehensive Plan designations shall be Low Density Residential and Mixed Residential, and the zoning shall be Suburban Residential (SR), Single-Family Residential (R-1), Two-Family Residential (R-2), and Multi- Family Residential (R-3) as outlined in Exhibit "C." Section 4. The next regularly amended Zoning District Map prepared by the City of Yakima shall show the Prickly Pear 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 Prickly Pear 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 Prickly Pear 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 Prickly Pear 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 March, 2023. ATTEST: Ills � ` v Janice Deccio, Mayor ` q/�11.7 1 I AIL G:/ i 1[I, 4. ••••. _-.•• Brandy Bradfor., •cting City'Y; ' 0$ Publication DateU19 .2$, 2D23 Effective Date: SepIember 2(1, 203 Section 7 above is accepted by Franchisee this 2 C day of , an a3 . Yakima Waste System , Inc. By: 71/44,/ Signer's Name Printed: Lam' Signer's Title: %IS-1 tt l‘A& nc''r EXHIBIT "A" Annexation Map _ _I I G 9.90t ACRES C I In EXISTING CITY LIMITS OF YAMA O . 1 KC F�tiXPCN" PROPOSED yP ANNEXATION O 0 O 90.723 ACRES > w > o Q ate I O O W LARCH AVEG� II O .1P'p OAK AVE ANTANUM ROAD PROPERTY OWNERSHIP TABLE 1 81 2 04-1 2 001 PRICKLY PEAR HOLDINGS. LLC 05 181204-14409 NIc;ANOR CCdv/ALEZ 90 181203-22007 PRICKLY PEAR HOLDINGS, LLC 2O 181204-13018 PRICKLY PEAR HOLDINGS. LLC © 181204-11002 PRICKLY PEAR HOLDINGS, LLC 10 181333-44008 KERRY& GINA MARTIN 0 181204-13016 PRICKLY PEAR HOLDINGS, LLC 0 181203-22008 PRICKLY PEAR HOLDINGS, LLC '8'2O'—'7CI4 RANDY& MARYELLEN MAY U 181203-22005 PRICKLY PEAR HOLDINGS. LLC Y «A I"-.-. PRICKLY PEAR HOLDINGS,LLC �.HLA �.w.seo a.wac :zswa.. ANNEXATION .� ha'IMAM CITY OF YAKIMA.YAKIMA COUNTY,WASMK'TON Eogiatevg and tad Su xgiig Inc ...dim.. rx�m a. wu ANNEXATION OAST IMP EXHIBIT "B" Legal Description That portion of the North half of the South half of the Southeast quarter of the Southeast quarter of Section 33,Township 13 North, Range 18 East,W.M.described as follows: Beginning at the Northeast corner of said North half of the South half of the Southeast quarter of the Southeast quarter of said section; Thence South along the East line of said subdivision to the Southeast corner thereof; Thence West along the South line of said subdivision to the Easterly right of way line of South 52nd Avenue; Thence North along said right of way line to the North line of said subdivision; Thence East along the North line of said subdivision to the Point of Beginning; AND TOGETHER with that portion of the Northwest quarter of Section 3 and the North half of Section 4, Township 12 North, Range 18 East,W.M., described as follows: Beginning at the Northwest corner of Government Lot 2 of said Section 4; Thence South along the West line of said Government Lot 2 to the Northwest corner of the North half of the Southwest quarter of the Northeast quarter of said Section 4; Thence South along the West line of said North half of the Southwest quarter of the Northeast quarter to a point on the North line of the North 60 feet of the South 968 feet of the Northwest quarter of said Section 4; Thence West along said North line to the East line of the West 221.6 feet of the East 606 feet of said Northwest quarter; Thence North along said West line to the South line of the North 1059 feet of said Northwest quarter; Thence West along said South line to the Easterly right of way line of South 52nd Avenue; Thence South along said right of way line to the South line of the North 71 feet of the South 979 feet of said Northwest quarter; Thence East along said South line to the West line of said North half of the Southwest quarter of the Northeast quarter; Thence South along said West line to the Southwest corner of said subdivision; Thence East along the South line of said subdivision to the West line of the East 660 feet of the Southwest quarter of the Northeast quarter of said Section 4; Thence South along said West line to the Northerly right of way line of Ahtanum Road; Thence East along said right of way line to the East line of the West 165 feet of the East 660 feet of the Southwest quarter of the Northeast quarter of said Section 4; Thence North along said East line to the South line of The North half of the Southwest quarter of the Northeast quarter of said Section 4; Thence East along said South line to the West line of Lot 1 of that Short Plat recorded in Book 88 of Short Plats, Page 25, records of Yakima County, Washington; Thence South along said West line to the Southwest corner of said Lot 1; Thence East along the South line of said Lot 1 to an angle point in said South line; Thence North to an angle point in said South line of said Lot 1; Thence East along said South line to the Southeast corner of said Lot 1; Thence North along the East line of said lot 1 to the Northeast corner thereof; Thence West along the North line of said Lot 1 to the Northwest corner thereof; Thence North along the East line of the North half of the Southwest quarter of the Northeast quarter of said Section 4 to the North right of way line of West Larch Avenue; Thence East along said North right of way line to the West line of Lot 1 of Bell-Mar Addition as recorded in Volume V, Page 35, records of Yakima County,Washington; Thence North along said West line to the North line of said Bell-Mar Addition; Thence Easterly along said North line to the West right of way line of South 38th Avenue; Thence North along said right of way line to the South line of the North 647.5 feet of Government Lot 4 of said Section 3; Thence West along said South line to the West line of the East 287.85 feet of said Government Lot 4; Thence North along said West line to the North line of the South 156.39 feet of the North 647.5 feet of said Government Lot 4; Thence East along said North line to the West right of way line of said South 38th Avenue; Thence North along said right of way line to the North line of said Section 3; Thence West along the North line of said Sections 3 and 4 to the Point of Beginning; Situate in Yakima County,Washington. EXHIBIT "C" Zoning and Future Land Use Prickly Pear Annexation - Zoning r 1 a• v 11,a-r-r in r •--01'111 s tr=s*r7t et at MI I.-s ae . • am �1 MMC.kiU<*z Rd r„pry22,2023 1:36.112 0.2 04 08m Yakma Urban Area Inning B-2 Local Business 1 1 1 5 II V V 5 3R Suburban Resale,iLal SY?C Small Convemeice Center 0 C 33 0.fs 1.3 km R-1 Single Farrnty GC General Commeraal R-2 Two Famihy 1.1-1 Light Industrial R-31.fulu-Far,h rums C.C.cR arar.ms. ,.cob roma aiz Cb�•rrnnt. AS Airport Support Ewes,ar a temp,net,.Ea-.PEtE.,spin•,inctSNFA'T a wa. ups¢ B-1 Professacnal Business t Ya",urban Area Yakmea Cdy bolds Cri arYfama,P.P.CrM CR ar"atr-a.'AaarMybn-`J't+ EXHIBIT "C" Zoning and Future Land Use Prickly Pear Annexation - Future Land Use Fai �rChA , .11 1 � Vi r kAcrunrnon Rd February 22,2023 1:36,112 0 02 04 08 NT Future Land Use Community Mixed Use I I CI 033 035 1-3 km Low Density Residential Industrial Mixed Residential _ !Yakima Urban Area Commercial Mixed Use I--1 Exam. "^x' mert P Ear WERE.Gamin.INCREMENT i Yakima City Limits 0-V NNN,aa.t:ENnabn Crla,ara e.c.nomn- i- 1 0 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: March 7, 2023 ITEM TITLE: Public hearing and Ordinance on the Prickly Pear Annexation in the vicinity of Sorenson Road and S 38th 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 August 17, 2022 and accepted by Council on September 20, 2022. The Petition (22-08)was drafted and signed by 100% of property owners, as certified by the Yakima County Assessor on January 6, 2023. The legal description of the annexation area was certified by the Yakima County Engineer on December 19, 2022. The Prickly Pear Annexation contains approximately 103 acres of land zoned SR, R-1, R-2, R-3. 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 Type ❑ Ordinanc 222`2023 Ordinance 0 Staff Findings 2/22/2023 Executi'e Summary 2 ORDINANCE NO. 2023- AN ORDINANCE annexing the Prickly Pear Annexation area to the City of Yakima, contingent on Yakima County Boundary Review Board approval. WHEREAS, on August 17, 2022, the owners of not less than ten percent (10%) of the acreage in property within the proposed Prickly Pear 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 September 20, 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 22-08, 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 Prickly Pear Annexation area, and WHEREAS, on January 6, 2023 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 Prickly Pear Annexation area is approximately 103 acres of unincorporated Yakima County, contiguous to and generally located South of Sorenson Road, in between S 38th Ave with a portion of property extending west to 52nd Ave; and WHEREAS, the assessed value of the annexation area is approximately $6,553,800 which is expected to generate approximately $135,427.78 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 Prickly Pear 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 Prickly Pear Annexation area, a franchise to continue such service to residential properties within the Prickly Pear 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. 3 WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on March 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 Prickly Pear Annexation should be annexed to the City of Yakima. 3. The Prickly Pear 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 Prickly Pear Annexation area's Comprehensive Plan Designations of Low Density Residential and Mixed 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 "Prickly Pear 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 Prickly Pear Annexation area's Comprehensive Plan designations shall be Low Density Residential and Mixed Residential, and the zoning shall be Suburban Residential (SR), Single-Family Residential (R-1), Two-Family Residential (R-2), and Multi- Family Residential (R-3) as outlined in Exhibit "C." Section 4. The next regularly amended Zoning District Map prepared by the City of Yakima shall show the Prickly Pear 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 Prickly Pear 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 Prickly Pear Annexation area to the Yakima County Treasurer and Assessor at least sixty days before the effective date of the annexation. 4 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 Prickly Pear 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 March, 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: 5 EXHIBIT "A" Annexation Map __I I -4, • G\Sy OY 9.90*ACRES I = I N EXISTING CITY LIMITS OF YAKIMA PROPOSED -tel* 0 ANNEXATION O O 90.72*ACRES lam W LARCH AVE. �PGOVN't� m � 1 O ti -W OAK AVE. C') AHTANUM ROAD PROPERTY OWNERSHIP TABLE OI 181204-12001 PRICKLY PEAR HOLDINGS. LLC Q 181204-14409 NICANOR GONZALEZ 0 181203-22007 PRICKLY PEAR HOLDINGS, LLC 0 181204-13018 PRICKLY PEAR HOLDINGS,LLC © 181204-11002 PRICKLY PEAR HOLDINGS. LLC 10 181333-44008 KERRY&GINA MARTIN O3 181204-13016 PRICKLY PEAR HOLDINGS,LLC 0 181203-22008 PRICKLY PEAR HOLDINGS LLC (4-` '8+204-13014 RANDY,Be MARYELLEN MAY © 181203-22005 PRICKLY PEAR HOLDINGS. LLC iwrzµ ,m HLA " PRICKLY PEAR HOLDINGS,LLC v mu.c mw.cv.a.a ANNEXATION , lya%1yy CITY OF YAKIMA,YAKIMA COUNTY.WASHINGTON and UM SXnn� loc. Y....w.� 1 Elgeaennp M' cmm av rw ANNEXATION EXHIBIT MAP 1 EXHIBIT "B" Legal Description That portion of the North half of the South half of the Southeast quarter of the Southeast quarter of Section 33,Township 13 North, Range 18 East,W.M.described as follows: Beginning at the Northeast corner of said North half of the South half of the Southeast quarter of the Southeast quarter of said section; Thence South along the East line of said subdivision to the Southeast corner thereof; Thence West along the South line of said subdivision to the Easterly right of way line of South 52nd Avenue; Thence North along said right of way line to the North line of said subdivision; Thence East along the North line of said subdivision to the Point of Beginning; AND TOGETHER with that portion of the Northwest quarter of Section 3 and the North half of Section 4, Township 12 North, Range 18 East,W.M.,described as follows: Beginning at the Northwest corner of Government Lot 2 of said Section 4; 6 Thence South along the West line of said Government Lot 2 to the Northwest corner of the North half of the Southwest quarter of the Northeast quarter of said Section 4; Thence South along the West line of said North half of the Southwest quarter of the Northeast quarter to a point on the North line of the North 60 feet of the South 968 feet of the Northwest quarter of said Section 4; Thence West along said North line to the East line of the West 221.6 feet of the East 606 feet of said Northwest quarter; Thence North along said West line to the South line of the North 1059 feet of said Northwest quarter; Thence West along said South line to the Easterly right of way line of South 52'Avenue; Thence South along said right of way line to the South line of the North 71 feet of the South 979 feet of said Northwest quarter; Thence East along said South line to the West line of said North half of the Southwest quarter of the Northeast quarter; Thence South along said West line to the Southwest corner of said subdivision; Thence East along the South line of said subdivision to the West line of the East 660 feet of the Southwest quarter of the Northeast quarter of said Section 4; Thence South along said West line to the Northerly right of way line of Ahtanum Road; Thence East along said right of way line to the East line of the West 165 feet of the East 660 feet of the Southwest quarter of the Northeast quarter of said Section 4; Thence North along said East line to the South line of The North half of the Southwest quarter of the Northeast quarter of said Section 4; Thence East along said South line to the West line of Lot 1 of that Short Plat recorded in Book 88 of Short Plats, Page 25, records of Yakima County,Washington; Thence South along said West line to the Southwest corner of said Lot 1; Thence East along the South line of said Lot 1 to an angle point in said South line; Thence North to an angle point in said South line of said Lot 1; Thence East along said South line to the Southeast corner of said Lot 1; Thence North along the East line of said lot 1 to the Northeast corner thereof; Thence West along the North line of said Lot 1 to the Northwest corner thereof; Thence North along the East line of the North half of the Southwest quarter of the Northeast quarter of said Section 4 to the North right of way line of West Larch Avenue; Thence East along said North right of way line to the West line of Lot 1 of Bell-Mar Addition as recorded in Volume V, Page 35, records of Yakima County,Washington; Thence North along said West line to the North line of said Bell-Mar Addition; Thence Easterly along said North line to the West right of way line of South 38'Avenue; Thence North along said right of way line to the South line of the North 647.5 feet of Government Lot 4 of said Section 3; Thence West along said South line to the West line of the East 287.85 feet of said Government Lot 4; Thence North along said West line to the North line of the South 156.39 feet of the North 647.5 feet of said Government Lot 4; Thence East along said North line to the West right of way line of said South 38'Avenue; Thence North along said right of way line to the North line of said Section 3; Thence West along the North line of said Sections 3 and 4 to the Point of Beginning; Situate in Yakima County,Washington. 7 EXHIBIT "C" Zoning and Future Land Use Prickly Pear Annexation - Zoning 1.57 L—J 1 me I n MrCtdlmut-hd Februari 22.2023 1.36.112 0 02 04 oe Yakima Urban Area Zoning B-2 Local Business I 1 1 1 y 5 1 5 H SR Suburban Resident!.* SCC Small Conveneice Center 0 0 33 0 85 t 3 km R-1 Single Famly GC General Commeraal R-2 Two Family k41 Light Industnal R-3 Mufti-Fan, va.ma s,a Cm>nr.-,a worrymd cm a vauw Grc W of vwpma. AS Airport Support &rem.cc.>a uanapement.Es HERE.Gam.INCREMENT G NG, U3 B-1 Professional Business a_i YakRna Urban Area Yakima City Limits uor<O VUM!nxnnyaw CI*eevltr*Atnewma-.a+- 8 EXHIBIT "C" Zoning and Future Land Use Prickly Pear Annexation - Future Land Use :V VrYaf 31'd 1' km'Ave LI fi uu_z Ri kin er t lei 111M1 NM C. f II a—) - -- --_ _--aria.!!.�. �,.. ..•.•-.-.-._- ......._. • Mr.Culirnlgr.Rd February 22,2023 1:36.112 0 0.2 0.4 0 8 m Future Land Use Community Mixed Use 0 033 065 1.3 km Low Density Residential Industnal Mixed Residential : _ !Yakima Urban Area Taama Gr3,cm o rr.na.valsnan¢mn.Ca)ar rar+na 4r.4 Carer ream, 9utem et lard Wws3emeri ET.HERE.6arm1n.INCREMENT E 1sW, Commercial Mixed Use I Yakima City Limits 0303 Gy GTarad.wa:nmora City cI Tatra'IflSMI m-'JI1' DEPARTMENT OF COMMUNITY DEVELOPMENT s 111s`t Joan Davenport, AICP, Director #,,a LIM% Joseph Calhoun,Manager r i aE 'ii i mg' 129 North Second Street,2nd Floor,Yakima, WA 98901 PI annin ask.planning@yakimawa.gov •www.yakimawa.gov/services/planning CITY OF YAKIMA FINDINGS of FACT, CONCLUSIONS & RECOMMENDATION for PETITION FOR ANNEXATION Application #ANX#002-22, PETITION 22-08 PETITIONER: Byron Borton, et. al. LOCATION: Vicinity of Sorenson Road and S 38th Avenue PARCEL(S): See Section II DATE OF PETITION: November 14, 2022 DATE OF RECOMMENDATION: March 7, 2023 STAFF CONTACT: Joseph Calhoun, Planning Manager I. DESCRIPTION OF REQUEST: Petition to annex ten (10) parcels totaling approximately 103 acres, into the City of Yakima II. PROPERTY INFORMATION: The annexation area includes the following zoning and land use: Parcel Zoning Land Use Acres 1 81 204-1 2001 R-2 Vacant 23.07 181204-13018 R-2 Vacant 18.61 181204-13016 R-1 Single-Family Residential 2.45 181204-13014 R-1 Single-Family Residential 1.15 181204-14409 R-1 Vacant 5.22 181204-11002 R-3 Vacant 21.94 181203-22008 R-3 Vacant 18.68 181203-22005 R-1 Single-Family Residential 0.47 181203-22007 R-1 Single-Family Residential 1.84 181333-44008 SR Single-Family Residential 9.89 III. ANNEXATION TIMELINE: Notice of Intent Received August 17, 2022 Council Acceptance of Petition September 20, 2022 Legal Description Certified by County Engineer December 19, 2022 Annexation Signatures Certified by County Assessor January 6, 2023 Council Set Date February 21, 2023 Public Notice Sent February 24, 2023 Public Notice Published in Newspaper February 24, 2023 Annexation Signs Posted on Property February 24, 2023 10 IV. FINDINGS OF FACT: A. Annexation Procedure: The Prickly Pear Annexation was submitted and processed under the "Direct Petition Method" in RCW 35.13.125-160. 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. 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 Prickly Pear Annexation is within the UGA b. The annexation boundary, where appropriate, should adjust any impractical or irregular boundaries created in the past. Staff Response: 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. Yakima na�maa 1998 11 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 Prickly Pear Annexation creates a logical service boundary based on existing access factors and anticipated future development in the area. Future development in and around the SOZO Sports Complex will extend Sorenson Road west from South 38th Ave. with connector roads/driveways extending to Ahtanum Road and South 52nd Ave. 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 a few single-family homes on larger parcels in the area. As most of the annexation area is vacant and zoned for residential use, it is anticipated that future residential development will occur. Further, the lots that do contain existing single-family homes are all large enough to be subdivided further. At low, medium and high densities, the remaining buildable area (after removing land for streets and critical areas), is approximately 71 acres which could support approximately 986 dwelling units at full buildout with maximum densities. The City of Yakima has approximately 2.73 persons per household (Comprehensive Plan 2040) which would add approximately 2,692 additional people at full buildout. Total Zoning Acres Less 25%for Streets Floodplain Net Buildable Acreage Total Units R-1: 7 du/nra 11.13 2.7825 0 8.3475 58 R-2: 12 du/nra 41.68 10.42 0.3 30.96 372 R-3: 18+du/nra 40.62 10.155 0 30.465 548 SR: 7 du/nra 9.89 2.4725 6.3 1.1175 8 Total U n its 986 2.73 people/unit 2692 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. V. CONCLUSIONS 1. The Petition for the Prickly Pear Annexation was signed by the required valuation threshold, as certified by the Yakima County Assessor. Yakima ,11404 2015 1994