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Home My WebLink AboutR-2001-058 Congdon AnnexationA Resolution RESOLUTION NO. R 2001- 58 concerning annexation, and accepting the proposed Congdon Annexation by the petition method of annexation authorized by RCW 35.13.125- .160. WHEREAS, RCW 35.13.125 authorizes the City of Yakima to accept a proposed annexation under the Direct Petition Method of annexation authorized by RCW 35.13.125- .160 (the "Petition Method") for the annexation of an area contiguous to the City on the basis of written notice to the legislative body of the City from the owners of property that comprises at least ten percent of the assessed value of the proposed annexation area of their intention to commence annexation proceedings; and WHEREAS, the City has received a written notice of intention to commence annexation proceedings from Congdon Orchards, Inc. ("Congdon"), to include its property in the area depicted on the attached map entitled "Congdon Annexation," which map is incorporated herein by this reference; and WHEREAS, pursuant to RCW 35.13.125 the City Council met with Gene R. Woodin, Jr., an authorized representative of Congdon regarding Congdon's Notice of Intention to Commence Annexation Proceedings and the proposed Congdon Annexation at the City Council's duly convened regular meeting on March 20, 2001; and WHEREAS, RCW 36.93.090 requires that the City file a notice of intent with the Washington State Boundary Review Board for Yakima County when the City accepts a proposed annexation such as the Congdon Annexation; and WHEREAS, it is in the best interests of the City of Yakima and the area designated "Congdon Annexation" that the City Council accept the proposed Congdon Annexation pursuant to RCW 35.13.125 and proceed as authorized by the Petition Method; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council accepts Congdon's Notice of Intention to Commence Annexation Proceedings, finds that property owned by Congdon comprises at least ten percent in value of the proposed "Congdon Annexation" as depicted on the attached map entitled "Congdon Annexation," and accepts the proposed Congdon Annexation on the basis of Congdon's Notice of Intention to Commence Annexation Proceedings, all pursuant to the Petition Method as authorized in RCW 35.13.125 - .160. The area proposed to be annexed shall remain subject to the Yakima Urban Area Comprehensive Plan and shall assume its share of the City's existing indebtedness. Further, City staff is directed to prepare and file a Notice of Intent regarding the Congdon Annexation with the Washington State Boundary Review Board for Yakima County. ADOPTED BY THE CITY COUNCIL this 20th day of March, 2001. ATTEST: City Clerk Nle ary Place, Mayor ORCHARDS INC Gene R. (Dick) Woodin, Jr. P.O. Box 2725, Yakima, WA 98907 Manager Phone (509) 966-4440 PETITION NO. 01-01 NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDING TO: The City Council City of Yakima, Washington Comes now the following: CONGDON ORCHARDS, INC. 181328-13421, 181328-23400, 181328-31400, 181328-33001, 181328-42400 181329-13405, 181329-41400, 181329-44001, 181332-11001, 181333-11001 181333-12001, 181333-23001 and hereby notifies the City Council of the City of Yakima that, pursuant to RCW 35.13.125, it intends to commence annexation proceedings to have the above referenced real property annexed to the City of Yakima. The above named owner of the property for which annexation will be petitioned, respectfully requests that the City council meet with its officers within 60 days to determine whether the City will accept the proposed annexation, subject thereafter to the filing of a petition for annexation by Congdon Orchards, Inc., pursuant to RCW 35.13.130. Dated at Yakima, Washington, this �d''day of March, 2001. f:\clients\tcs\congdon\annex\notice of intent.doc 3/19/2001 10:18 ambw CON C ON ORCHARDS, INC. /2( A7/!/ Gene R. (Dick) Woodin, Jr., Preside r7 t . Till M .. .,..- L^ EIM-- ' 'EA r:-Tilli NE,... •• 2:2 iNEE EM ME Min 1 ..._ .ter„ -,p■�� ■11111■. ...'4:� 1 iki- =►�� ■:,...= ::i �� 1:..1�••u .:::� rdpg-711 .ainI■ �:-t '. o ' �imal :mile l is ��si..=- IngLIMINME■� r�fnTZn�ail iyr,i4r�iMM• i ■ Er :17.171 ./uu �.... .ra ■Imalma 1 \ 1. a -. mum wry■dr'�►. r��J��■ �,�� --f � iiu irl■ ..n.■r ��e��.....E ::...... i■iia Immmuuu.....11t !!!! J'•! ...iFa:.Ii ■ .r_MI11.1.1 IMM .ca.f] ..M..■.■n airi E7' MU MO NM nor r :r. 111.....■.. ..... Ail I:id1■ 1 1 -ruin. Elm : a:::: =.!■G so =dr En bit i am ma, .I.■t. ■ ■h1I 1�■; i 1!'•,iIA 1iIiuII Mu mil, .m pE:. C= .._ ■t .. •F' 111h 11111 ." MIN ■ ■ =� .. MI Mpg= -- • 5.i.1 �. n ■■ .. Ir. 11111P. �1 —��y i... -■T -Ju... ■is in ■111■..rui.■rl. ■u■ =IIrC: �w11`- 07.. �. ' 0. C .. :.:: . �� .ri.•Elm ■■■ I. gill ELI ■ I MiuramN■ MESH ■...Ia.■ .nu 11M2 N'tir n ■.11■11 �! 11■TL''F$! Tm�.�:=ice:r ►� Vii` �� ;= __ 1 #' 7■ mot �CmT1L1� i m'-'-'11"6"gaPrAtzill rai mlw • � 1 militems ce, :moi%��I� angdon2001 Congdon Annexation City Limits Annexation Area 0 750 1500 Created: March 16, 2001 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. FOR MEETING OF: March 20, 2001 ITEM TITLE: Congdon Annexation Initiation SUBMITTED BY: William R. Cook, Director of Community Economic Development CONTACT PERSON / TELEPHONE: Bruce Benson, Associate Planner, 575-6042 SUMMARY EXPLANATION: The proposed "Congdon" Annexation Area consists of approximately 911.4 acres including 76 tax parcels (see map), which are worth $16,303,050 according to current Yakima County assessed valuation. The population of the area is estimated to be 140 persons. This annexation is based upon a Notice of Intent and Outside Utility Agreements received from 57 of the area's 76 parcels. The combined assessed value of these 57 parcels is 80.8% of the area's total assessed value. This 80.8 % satisfies both the RCW 35.13.125 requirement for initiation of an annexation, (10% of the assessed value of the annexation area) and the RCW 35.13.130 requirement for completion of an annexation (75% of the assessed value of the area). At this time City Council is being asked to act upon this request and adopt the resolution initiating the Congdon Annexation. Resolution X Ordinance Other (Specify) Map Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution initiating the Congdon Annexation. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-58 CONFIDENTIAL MEMORANDUM March 19, 2001 To: Honorable Mayor and City Council From: William Cook, Director of Community and Economic Development Subject: Annexation of Congdon Orchard Property Representatives for the Congdon Orchard Properties have been in discussions with the City of Yakima for several months concerning their interest in annexing to the City. They have engaged a professional planning film, engineering and legal services and have completed plans for a 25 -year build out of their 911.4 acres of land. (Current assessed value is $16,303,050) When completed, this planned community will include retail, office, residential and major business park west of the Yakima Airport and north along Washington Avenue. It is important to note that the ultimate size, timing and makeup of this planned development will be market driven. In petitioning the City to be annexed, Congdon Properties is requesting the City enter into a Memorandum of Understanding which in turn be memorialized in a Development Agreement within the next six to twelve months. The purpose for the Memorandum of Understanding is to 1) outline Congdon's proposed development plan and its full potential impact on the City of Yakima's economy and 2) establish City of Yakima commitments in support of the successful development of this project. Memorandum of Understanding: Congdon has agreed to request for the annexation of their property now in return for a commitment from the City that a Memorandum of Understanding will be developed and submitted for Council action within 30 days or by April 17, 2001. Additionally, Congdon reserves the right to withdraw their annexation petition in the future if a satisfactory Memorandum of Understanding cannot be executed. Staff have been involved in discussions with Congdon and believe requests for City participation in the success of this major development are both reasonable and justifiable. We have structured our participation in negotiations to track established Council approved partnership agreements on projects such as the Mercy Mall rezone and the Appletree Sewer project. We have cautioned Congdon from the beginning that City resources are extremely limited although we feel our grantsmanship and creativity are up to the challenge. Although much of the final wording for the memorandum is currently being discussed, the main points are as follows: 1) City to extend existing 8" sewer on Nob Hill Blvd. West from 54th Avenue to a point just east of 64th Avenue. 2) Cit to widen Nob Hill Blvd. (5 lanes, curb, gutter, and sidewalks on both sides) from 53rd Avenue to 72nd Avenue. Congdon to contribute right of way for match funds. 3) City to construct 24' sewer trunk line from Washington Avenue north to West Viola Avenue (Please note: This project is shown as a future system improvement on the City's Future Wastewater System Plan.) 4) City to initiate minor changes to the Future Land Use map and Zoning map for the Congdon Properties (It is understood that this process is legislative in nature and the outcome cannot be predetermined) 5) City to review Congdon proposed land use and zoning and approve "compatibility" of proposed uses as required under the Airport Safety Overlay subject to conditions. The question may be asked, why not wait another month to consider this annexation at the same time as we have a final proposed Memorandum of Understanding? The answer is that a filing of the Congdon annexation together with our South 72nd Avenue annexation makes an even stronger submittal to the Boundary Review Board (BRB) this is especially important in light of the high likelihood that there will be a public hearing before the BRB. Also, the timing of the filing of both of these annexations before a West Valley City Incorporation petition is filed will help to assure that our annexations will be heard separately and before potential "incorporation" momentum develops. Therefore, we respectfully request your approval of the attached resolution commencing annexation of the 1.48 square mile Congdon annexation on Tuesday, March 20, 2001 with the understanding that a folinal Memorandum of Understanding will be submitted for Council consideration at your April 17, 2001 meeting. At that time, Council may vote to continue the annexation of this area by agreeing to the memorandum, or send staff back with changes, or may end discussions with Congdon concerning their annexation to the City. MEMORANDUM TO: Honorable Mayor and Council members FROM: Doug Maples, Code Administration/Planning Manager DATE: March 19, 2001 SUBJECT: Congdon Annexation Initiation Please note that the Resolution and Notice of Intent to Commence Annexation are not contained in Item No. 23(B). They will be available prior to the Council Business Meeting.