HomeMy WebLinkAbout09/20/2022 09. Public meeting to consider the Notice of Intent to Commence the Prickly Pear Annexation in the Vicinity of S 38th Avenue and Sorenson RoadBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.
For Meeting of: September 20, 2022
ITEM TITLE:Public meeting to consider the Notice of Intent to Commence the
Prickly Pear Annexation in the Vicinity of S 38th Avenue and
Sorenson Road
SUBMITTED BY:Joseph Calhoun, Planning Manager, 509-575-6042
Joan Davenport, AICP, Community Development Director
SUMMARY EXPLANATION:
A Notice of Intent to Commence Annexation was received by the Planning Division on August 17,
2022. On September 6, 2022, Council set the date of September 20, 2022 (per RCW
35.13.125), to consider this annexation request. The area proposed for annexation is
approximately 90.72 acres in size and consists of 10 parcels zoned SR, R-1, R-2 and R-3.
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 SR, R-1, R-2 and R-3 and has Future Land Use designations of
Low Density Residential and Mixed Residential. These designation is 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
RECOMMENDATION:
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I f Council wishes to accept and begin the annexation process, direct staff to draft the official
A nnexation Petition and collect signatures from property owners to begin the A nnexation review
procedures. T he final A nnexation Ordinance will be brought to City Council at a later date.
AT TAC HM E NT S :
Description Upload Date Type
Notice of Intent and Map 9/8/2022 Backup Material
RCW Code Sections 6/17/2022 Backup Material
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RCW 35.13.125
Direct petition method—Commencement of proceedings—Notice to
legislative body—Meeting—Assumption of indebtedness—
Comprehensive plan.
Proceedings for the annexation of territory pursuant to
RCW 35.13.130, 35.13.140, 35.13.150, 35.13.160 and 35.13.170 shall be commenced
as provided in this section. Prior to 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 in value, according to the assessed valuation for general taxation
of the property 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 of any portion of existing city or town
indebtedness by the area to be annexed. If the legislative body requires the assumption
of all or of 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.
[ 1990 c 33 § 565; 1989 c 351 § 3; 1973 1st ex.s. c 164 § 11; 1971 c 69 § 1; 1965 ex.s.
c 88 § 10; 1965 c 7 § 35.13.125. Prior: 1961 c 282 § 18.]
NOTES:
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1971 c 69: "If any provision of this 1971 amendatory act, or its
application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected." [ 1971 c
69 § 5.]
RCW 35.13.130
Direct petition method—Petition—Signers—Content.
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
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RCW 28A.335.110 authorized, the petition must be signed by the owners of not less
than sixty percent in value according to the assessed valuation for general taxation of
the property for which annexation is petitioned: PROVIDED, That in cities and towns
with populations greater than one hundred sixty thousand located east of the Cascade
mountains, the owner of tax exempt property may sign an annexation petition and have
the tax exempt property annexed into the city or town, but the value of the tax exempt
property shall not be used in calculating the sufficiency of the required property owner
signatures unless only tax exempt property is proposed to be annexed into the city or
town. The petition shall set forth a description of the property according to government
legal subdivisions or legal plats which is in compliance with RCW 35.02.170, and shall
be accompanied by a plat which outlines the boundaries of the property sought to be
annexed. If the legislative body has required the assumption of all or of 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.
[ 2009 c 60 § 3; 1990 c 33 § 566; 1981 c 66 § 1; 1975 1st ex.s. c 220 § 8; 1973 1st
ex.s. c 164 § 12; 1971 c 69 § 2; 1965 ex.s. c 88 § 11; 1965 c 7 § 35.13.130.
Prior: 1961 c 282 § 19; 1945 c 128 § 3; Rem. Supp. 1945 § 8908-12.]
NOTES:
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1981 c 66: "If any provision of this act or its application to any
person or circumstance is held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected." [ 1981 c 66 § 2.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
Severability—1971 c 69: See note following RCW 35.13.125.
RCW 35.13.140
Direct petition method—Notice of hearing.
Whenever a petition for annexation is filed with the city or town council, or
commission in those cities having a commission form of government, which meets the
requirements herein specified, 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.
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[ 1965 c 7 § 35.13.140. Prior: 1945 c 128 § 2; Rem. Supp. 1945 § 8908-11.] [SLC-RO-
8.]
RCW 35.13.150
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 RCW 35.02.170, 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.
[ 1975 1st ex.s. c 220 § 9; 1965 c 7 § 35.13.150. Prior: 1957 c 239 § 5; prior: 1945 c
128 § 4, part; Rem. Supp. 1945 § 8908-13, part.]
NOTES:
Legislative finding, intent—1975 1st ex.s. c 220: See note following
RCW 35.02.170.
RCW 35.13.160
Direct petition method—Effective date of annexation or 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 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 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 said area is annexed, approved by the voters, contracted, or incurred prior to, or
existing at, the date of annexation. If the annexation petition so provided, all property in
the annexed area shall be subject to and a part of the comprehensive plan as prepared
and filed as provided for in RCW 35.13.177 and 35.13.178.
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