Staff Report - Req to Circulate Petition - Nov 2004°~T'~ Cit o Yelm
y
STAFF REPORT
WAtNiNOTON
To: Mayor Adam Rivas
Yelm City Council
From: Grant Beck, Director of Community Development
Date: November 22, 2004 (for December 8, 2004 City Council Meeting)
Subj: Annexation Petition -Denny Balascio
Recommendation
Accept the request to circulate a petition for annexation for the proposed annexation
area excluding the 12.53 Tyler parcel and including the properties in the Sunnyland
Estates subdivision utilizing either the petition method or the alternate petition method of
annexation. Require the properties within the annexation area to assume their share of
the existing City indebtedness and identify the Comprehensive Plan Designation of the
annexed parcels as Moderate Density Residential (R-6).
Background
Denny Balascio has requested Council approval to circulate a petition for annexation
utilizing either the petition method or the alternate petition method as allowed by State
law. The property for which Mr. Balascio requests annexation is comprised of two
parcels of land owned by Suburban Realty, Inc. (10 acres) and George and Sharon
Tyler (12.53 acres) located on Grove Road.
Current Situation
Annexation Process
The annexation process is started with a request to circulate a petition for annexation.
The City Council, at a public meeting, determines whether to accept, reject, or
geographically modify the proposed annexation, whether it requires the simultaneous
adoption of the comprehensive plan, and whether it shall require the assumption of all
or a portion of existing City indebtedness.
If the Council accepts the request to circulate a petition, the applicant then must obtain
sufficient signatures on the petition. A hearing is then scheduled before the City Council
on the proposed annexation. The Council may then adopt an ordinance which annexes
the property into the City.
November 22, 2004
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Property Description
The subject property is located on the west side of Grove Road between 100th Way SE
and Canal Road. The property is approximately 22.53 acres in area and contains two
parcels of land, owned by Suburban Realty (10 acres) and George and Sharon Tyler
(12.53 acres). The existing City limits are located to the west of the properties, which is
the Willow Glenn subdivision developed by Mr. Belascio.
The entire proposed annexation area is currently zoned Rural Residential 1/5 by
Thurston County. The City has pre-zoned the entire area Moderate Density Residential
(R-6), which allows between 3 and 6 homes per acre.
The 10 acre Suburban Realty parcel is part of the sewer LID although they are located
outside the existing City limits, and have purchased 32 connections to the sewer system
through the LID. The Tyler property to the north is not part of the LID and no evidence
has been submitted that indicates the property carries with it water rights sufficient to
serve the development of the property.
The property to the south of the proposed annexation area has been previously
subdivided (Sunnyland Estates) and is currently comprised of 20 urban sized lots and a
common open space tract. These lots are currently served by City water and on-site
sewage disposal systems. The subdivision of Sunnyland Estates is approximately 7.47
acres in area.
Consistency with City Regulations
The Water Comprehensive Plan updated in September, 2002, states as interim water
service policies:
Annexation of properties in the future water service area will only be
allowed for parcels within an existing sewer LID area or parcels that
provide at least enough water rights to the City to allow service of the
property seeking annexation.
Parcels that currently receive city water and are not in the City limits will
be subject to the annexation requirements identified above.
The Comprehensive Plan identifies the `future zoning' of the subject property to be
Moderate Density Residential (R-6), which allows residential development at a density
of between 3 and 6 units per acre.
Analysis
The proposed annexation is partially within the water service area as an area with a
commitment to serve the property with City water through the sewer LID. The Water
Comprehensive Plan allows properties in this situation to annex into the City without
bringing additional water rights.
November 22, 2004
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Page 2
The proposed annexation does not makes a more logical City boundary as it creates a
peninsula of City into the County, with Grove Road being a County Road from 103`d
Street to the annexation area, a City Street within the annexation area, and a County
Road to Canal. Amore logical boundary would include Sunnyland Estates, making
100th Way, Middle Road, and Grove Road the City limits. Grove Road would still be
split between City and County, but the split would occur at 100th Way, a logical
boundary.
The Community Development Department would recommend that the Council authorize
circulation of the petition for annexation, but modify the boundaries as follows:
Do not include the Tyler property as its annexation does not meet the interim
policies of the Water Comprehensive Plan.
Include Sunnyland Estates as its annexation would make a more logical
boundary and the lots are existing City water customers.
November 22, 2004
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Page 3
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YELM
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NOTICE OF INTENTION TO COMMENCE
ANNEXATION PROCEEDINGS
TO: The City Council of the City of Yelm Received
105 Yelm Avenue West NOV 8 20Q4
P.O. Box 479
Yelm, WA 98597
The undersigned are owners of not less than ten percent in acreage of the property as described
below. We hereby advise the City Council of the City of Yelm that it is the desire of the undersigned
property owners of that area to commence annexation proceedings:
The property referred to is described on Exhibit "A": attached hereto and as shown by the attached
map.
It is requested that the City Council of the City of Yelm set a date not later than sixty days after
receipt of this request for a meeting with the undersigned to determine:
1. Whether the City Council will accept the annexation as proposed;
2. Whether the City Council will geographically modify the proposed annexation (and accept
the proposed annexation as modified) or;
3. Whether the City Council will reject the annexation.
By accepting a proposed annexation, the City Council is not committing itself to ultimately annexing
the territory proposed when a sufficient petition is presented to it. The decision to accept merely
allows the annexation to go forward procedurally. If the City Council rejects the proposed
annexation, the initiating parties have no right to appeal.
The City Council must also decide whether or not it will require a proposed zoning regulation, and
whether or not it will require the assumption of all or any portion of existing indebtedness by the area
to be annexed.
This page is one of a group of pages containing identical text material and is intended by the signers
of this Notice of Intention to be presented and considered as one Notice of Intention and may be
filed with the other pages containing additional signatures which cumulatively maybe considered as
a single Notice of Intention.
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Notice of Intent To Commence Annexation Proceedings
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Every person who signs this petition with any other than his true trams, ar who
knowingly signs more than on• of those petitions, or signs a petition seeking art etactian
when he is not a legal voter, or signs a petition whsrt he is otherwise not qualified tv
sign, or who makes herein any false statement, shalt f~c guilty o[ a misdemeanor.
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