Loading...
HomeMy WebLinkAbout04/20/2021 06 Notice of Intent to Commence Anderson Park Annexation - Public Meeting a\'4\lyy bxk ik 1 1-:41 PPPPPP+Pd s' lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6. For Meeting of:April 20, 2021 ITEM TITLE: Public meeting to consider the Notice of Intent to Commence the Anderson Park Annexation in the Vicinity of Occidental Road/Ahtanum Road and S 59th Avenue SUBMITTED BY: Joseph Calhoun, Planning Manager, 509-575-6042 Joan Davenport,Al CP, Community Development Director SUMMARY EXPLANATION: A Notice of Intent to Commence Annexation was received by the Planning Division on March 11 , 2021. On April 6, 2021, Council set the date of April 20, 2021 (per RCW 35.13.410), to consider this annexation request. The area proposed for annexation is approximately 34.7 acres in size and consists of 8 parcels zoned R-2 and R-1. The purpose of this meeting is for Council to determine the following: 1)Whether to accept, reject, or geographically modify the proposed annexation; 2)Whether to require the assumption of any portion of existing city indebtedness by the area to be annexed; and, 3)Whether to require the simultaneous adoption of a Comprehensive Plan. Regarding the assumption of indebtedness, all property within the territory being annexed shall be assessed and taxed at the same rate and on the same basis as other property of the City of Yakima, Washington, and shall assume its proportional share of the existing indebtedness of the City of Yakima, Washington as presently adopted or as is hereafter amended. The property is currently zoned R-2 and R-1 and has a Future Land Use designation of Mixed Residential and Low Density Residential, respectively. These designations are consistent with the City of Yakima Comprehensive Plan 2040.A separate Comprehensive Plan for the area is not required. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER 2 RECOMMENDATION: If Council wishes to accept and begin the annexation process, direct staff to draft the official Annexation Petition and collect signatures from property owners to begin the Annexation review procedures. The Annexation Ordinance will be brought to City Council at a later date. ATTACHMENTS: Description Upload Date Type D Signed Nohee of Intent 4512021 Exhibit D Annexation Map 415/2021 Exhibit © Annexation RCW 4'512021 Backup Material 3 NOTICE OF INTENTION TO COMMENCE ANNE A TION PROCEEDINGS TO: The City Council City of Yakima, Washington Councilmembers: The undersigned hereby advise the City Council that it is their desire to commence annexation proceedings for the property described below, and certify that either collectively consist of at least 10% of the residents of the described property or own at least 10% of the acreage for which annexation is petitioned. It is therefore requested that the City Council set a date no later than sixty (60) days after the filing of this request for a meeting with the undersigned to determine: 1. Whether the City Council will accept, reject, or geographically modify the proposed annexation; 2. Whether the City Council will require the property to become subject to the City's Comprehensive Plan for that area; and 3. Whether the City Council will require the assumption of all or part of the existing city indebtedness by the area to be annexed. Date Owner's Signature Printed Name Address and Legal Description Signed b7/ Kathryn Ralph 200 Abbess Lane Z-2 ‘). L Ray Novobielski Yakima, WA 98908 2 h Novobielski Parcels 181205-14402, -23005, i "222 Survivors Trust 181204 f-23401, -23403, -23404. )t-7t Charles and 5809 Ahtanum Road 0 Kathryn Ralph Yakima, \IVA 98903 - 014 AVIA y, Parcels 181205-14413 and - ;1-27-21 14412. Cottonwood P.O. Box 8353 Partners, LLC Yakima, WA 98908 Parcel 181204-22002 4 I INEam I OCCIDENTAL ROAD N +L0P r\ 0 150 300 W E I iCt 5 I 1 EXISTING CITY LIMITS OF YAKIMA I In M ................................................... I PROPOSED B -c. I 2ANN : XATION 8 GO w I 3 A .7± -0'.• z I Al RES CO U5 0 I Ia- I NMI I 0 � 0 I I 0 0 • um 1 \ iiiiii // , .. .. .: am — IN= ME 1111 AHTANUM ROAD PROPERTY OWNERSHIP TABLE O 181204-22002 COTTONWOOD PARTNERS, LLC 0 1 81 205-1 441 2 RALPH O 1 81 205-1 4402 NOVOBIELSKI SURVIVORS TRUST © 181204-23401 NOVOBIELSKI SURVIVORS TRUST O 181204-23005 NOVOBIELSKI SURVIVORS TRUST O 181204-23403 NOVOBIELSKI SURVIVORS TRUST O 1 81 205-1 441 3 RALPH ® 181204-23404 NOVOBIELSKI SURVIVORS TRUST 2803 River Road JOB 21036 NUMBER: DATE:2-22-21 SHEET 22-21 COTTONWOOD PARTNERS ANAMES: 1 HLA Yakima509.966.7000,WA98902 FI DRAWING: 21036ANNEX.dwg ANDERSON PARK ANNEXATION Fax509.965.3800 YAKIMA COUNTY, WASHINGTON of 4 Engineering and Land Surveying,Inc. www.hlacivil.com DRAWN BY: TDF/BFP ANNEXATION EXHIBIT 1 CHECKED BY: ETH/MRH 5 RCW 35,13A10 Alternative direct petition method—Commencement of proceedings— Notice to legislative body—Meeting—Assumption of indebtedness— Comprehensive plan. Proceedings for the annexation of territory pursuant to this section and RCW 36.13.420 shall be commenced as provided in this section. Before the circulation of a petition for annexation, the initiating party or parties who, except as provided in RCW 28A.335.110, shall be either not less than ten percent of the residents of the area to be annexed or the owners of not less than ten percent of the acreage for which annexation is petitioned, shall notify the legislative body of the city or town in writing of their intention to commence annexation proceedings. The legislative body shall set a date, not later than sixty days after the filing of the request, for a meeting with the initiating parties to determine whether the city or town will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan if such plan has been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it shall require the assumption of all or any portion of existing city or town indebtedness by the area to be annexed. If the legislative body requires the assumption of all or any portion of indebtedness and/or the adoption of a comprehensive plan, it shall record this action in its minutes and the petition for annexation shall be so drawn as to clearly indicate this fact. There shall be no appeal from the decision of the legislative body. [ 2003 c 331 § 2.] RCW 35.13.420 Alternative direct petition method—Petition—Signers—Content. (1) A petition for annexation of an area contiguous to a city or town may be made in writing addressed to and filed with the legislative body of the municipality to which annexation is desired. Except where all the property sought to be annexed is property of a school district, and the school directors thereof file the petition for annexation as in RCW 28A.335.110, the petition must be signed by the owners of a majority of the acreage for which annexation is petitioned and a majority of the registered voters residing in the area for which annexation is petitioned. (2) If no residents exist within the area proposed for annexation, the petition must be signed by the owners of a majority of the acreage for which annexation is petitioned. (3) The petition shall set forth a legal description of the property proposed to be annexed that complies with RCW 35.02.170, and shall be accompanied by a drawing that outlines the boundaries of the property sought to be annexed. If the legislative body has required the assumption of all or any portion of city or town indebtedness by the area annexed, and/or the adoption of a comprehensive plan for the area to be annexed, these facts, together with a quotation of the minute entry of such requirement or requirements, shall be set forth in the petition. [ 2003 c 331 § 3.] 6 RCW 35.13.430 Alternative direct petition method—Notice of hearing. When a petition for annexation is filed with the city or town council, or commission in those cities having a commission form of government, that meets the requirements of RCW 35.13.410, 36.13.420, and 36.21.005, of which fact satisfactory proof may be required by the council or commission, the council or commission may entertain the same, fix a date for a public hearing thereon and cause notice of the hearing to be published in one issue of a newspaper of general circulation in the city or town. The notice shall also be posted in three public places within the territory proposed for annexation, and shall specify the time and place of hearing and invite interested persons to appear and voice approval or disapproval of the annexation. The expense of publication and posting of the notice shall be borne by the signers of the petition. [ 2003 c 331 § 4.] RCW 35.13.440 Alternative direct petition method—Ordinance providing for annexation. Following the hearing, the council or commission shall determine by ordinance whether annexation shall be made. Subject to the provisions of RCW 36.13.410, 35.13.460, and 35.21.005, they may annex all or any portion of the proposed area but may not include in the annexation any property not described in the petition. Upon passage of the ordinance a certified copy shall be filed with the board of county commissioners of the county in which the annexed property is located. [ 2003 c 331 § 5.] RCW 35.13.450 Alternative direct petition method—Effective date of annexation and comprehensive plan—Assessment, taxation of territory annexed. Upon the date fixed in the ordinance of annexation, the area annexed shall become part of the city or town. All property within the annexed territory 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 city or town is assessed and taxed to pay for all or of any portion of the then outstanding indebtedness of the city or town to which the area is annexed, approved by the voters, contracted, or incurred before, or existing at, the date of annexation. If the annexation petition so provided, all property in the annexed area is subject to and is a part of the comprehensive plan as prepared and filed as provided for in RCW 35.13.177 and 35.13.178. [ 2003 c 331 § 6.] RCW 35.13.460 Alternative direct petition method—Method is alternative. 7 The method of annexation provided for in RCW 35.13.410 through 35.13.450 is an alternative method, and does not supersede any other method. [ 2003c331 § 7.]