HomeMy WebLinkAbout2021-026 Public hearing and Ordinance on the Anderson Park Annexation111 11111 1 111 111 1
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FILE# 8131672
YAKIMA COUNTY, WA
01/18/2022 03:01:12PM
ORDINANCE
PAGES: 9
CITY OF YAKINA - PLANNING
Recording Fee: 211.50
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title:
ORDINANCE NO. 2021-026
Anderson Park Annexation
Grantor: City of Yakima
Grantee: The Public
ABREVIATED LEGAL DESCRIPTION: Parcel 1p81204-22002: S 04 T 12 R 18 NW 1/4 The W
505.86 ft of Government Lot 4, S 4; Parcel 181205-14402: S 05 T 12 R 18 NE 1/4: SHORT PLAT
J-006 Lot B; Parcel 181204-23005: S 04 T 12 R 18 NW 1/4 That portion of the W half, of the NW
1/4, of Section 4, described as follows: Beginning at the NW corner of Lot 1 of Short Plat 86-21,
records of Yakima County; thence E, 473.39 Ft; thence N 0^ 57' 37" W to the S line of the NW
1/4, of the SW 1/4, of the NW 1/4, of said S; thence N OA 57' 37" W, 150 Ft; thence E, 200 Ft, to a
point on the E line of said subdivision hereinafter referred to as Point "A"; thence N to the NE
corner of said subdivision; thence N 89^ 44' 43" W, along the N line of said subdivision 678.86 Ft
to the NW corner of said subdivision; thence S along the W line of said subdivision, 860.89 Ft to
the Point of Beginning; ALSO the E 148.14 Ft, of the S 8.50 Ft, of the W 654 Ft of Government
Lot 4, of said Section 4; EXCEPT that portion thereof described as follows: Beginning at Point
"A"; thence N to the NE corner of said subdivision; thence N 89^ 44' 43" W, along the N line, of
the SW 1/4, of the NW 1/4, S 4, 24.83 Ft to a point of the E line of the W 654 Ft, of the SW 1/4, of
the NW 1/4, of said Section 4; thence Southerly along said E line 508.74 Ft to a point that bears
W of the Point of beginning; thence E 21.56 Ft to the point of beginning. Parcel 181204-23401: S
04 T 12 R 18 Quarter NW: SHORT PLAT 86-021 Lot 1; Parcel 181205-14413: S 05 T 12 R 18
Quarter NE: SP 86-20 The N 103.75 Ft of Lot 1 (FINANCIAL SEGRAGATION WITH 181205-
14412 NOT TO BE SOLD OR TRANSFERED SEPERATELY); Parcel 181205-14412: S 05 T 12
R 18 Quarter NE: SHORT PLAT 86-020 Lot 1 EXCEPT the N 103.75 Ft thereof (FINANCIAL
SEGRAGATION WITH 181205-14413 NOT TO BE SOLD OR TRANSFERED SEPERATELY)
Parcel 181204-23404: SP 86-21: LOT 4 EX S CO RD R/W; Parcel 181204-23403: SP 86-21: LOT
3 EX S CO RD R/W. Being further described in Exhibit 'B' of attached Ordinance for complete
legal description.
Parcel Numbers: 181204-22002; 181205-14402; 181204-23005; 181205-14413;
181205-14412; 181204-23401; 181204-23403; 181204-23404
ORDINANCE NO. 2021-026
AN ORDINANCE annexing the Anderson Park Annexation area to the City of Yakima,
contingent on Yakima County Boundary Review Board approval.
WHEREAS, on March 11, 2021, the owners of not less than ten percent (10%) of the
acreage in property within the proposed Anderson Park Annexation submitted a Notice of Intent
to Commence Annexation, pursuant to the alternative direct petition method form of annexation
found in RCW 35.13.410 through RCW 35.13.460; and
WHEREAS, on April 20, 2021, 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 21-01, was
drafted and circulated for signature; and
WHEREAS, the proponents presented the City with a signed petition, consistent with
RCW 35.13.420, reflecting the signatures of parties who own a majority of the acreage and a
majority of the registered voters in the proposed Anderson Park Annexation area, and on June
14, 2021 the Yakima County Assessor issued a Determination of Sufficiency which identifies
that the owners of a majority of the assessed value of the property signed the petition,
consistent with RCW 35.13.420 and 35.21.005; and on July 22, 2021 the Yakima County
Auditor issued a Certificate of Sufficiency which identifies that a majority of registered voters
signed the petition, consistent with RCW 35.13.420; and
WHEREAS, the Anderson Park Annexation area is approximately 34.7 acres of
unincorporated Yakima County, contiguous to and generally located South of Occidental Road
and North of Ahtanum Road, in the vicinity of S 59th Ave; and
WHEREAS, the assessed value of the annexation area is approximately $1.43 Million
which is expected to generate approximately $3,625 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 Anderson Park 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 Anderson Park Annexation area, a franchise to continue such service to residential
properties within the Anderson Park 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 October 5, 2021 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 35.13.420 have been satisfied by
annexation petitions signed by the owners of a majority of the acreage and by a majority
of registered voters of the Anderson Park Annexation area.
2. The Anderson Park Annexation should be annexed to the City of Yakima.
3. The Anderson Park 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 Anderson Park Annexation area's Comprehensive Plan Designations of
Mixed Residential and Low Density 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 "Anderson Park 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 Anderson Park Annexation area's Comprehensive Plan designation
shall be Mixed Residential and Low Density Residential, and the zoning shall be Two -Family
Residential (R-2) and Single -Family Residential as outlined in Exhibit "C."
Section 4. The next regularly amended Zoning District Map prepared by the City of
Yakima shall show the Anderson Park 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 Anderson
Park 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 Anderson Park 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 Anderson Park
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 ap roved this 5th day of October, 2021.
ATTEST:
Sonya Claar Tee, City CI -
Publication Date:
Effective Date:
(7 fri
Patricia Bye Mayor
.7 /115
Section 7 above is accepted by Franchisee this day of
a I tem het' t9-0311 .
Yakima West Systems, 17,-,
Signer's Name Printed:
Signer's Title: riL7- Manic /-er
EXHIBIT "A"
Annexation Map
PROPOSED
ANNEXATION
ACRES
ANNE ANON PAIN ANNEXATION
EXHIBIT "B"
Legal Description
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 4 AND THE
NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 12 NORTH, RANGE 18 EAST,
W.M. DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 4;
THENCE EASTERLY ALONG THE NORTH LINE THEREOF TO THE NORTHEAST
CORNER OF THE WEST 505.86 FEET OF GOVERNMENT LOT 4 OF SAID SETION
4;
THENCE SOUTHERY ALONG THE EAST LINE OF SAID WEST 505.86 FEET TO THE
SOUTH LINE OF SAID GOVERNMENT LOT 4;
THENCE SOUTH 89°43'30" EAST 148.14 FEET TO THE NORTHEAST CORNER OF
PARCEL "B" AS SHOWN ON THAT RECORD OF SURVEY FILED UNDER
AUDITOR'S FILE NUMBER 8055964, RECORDS OF YAKIMA COUNTY,
WASHINGTON;
THENCE SOUTH 00°57'29" EAST ALONG THE EAST LINE OF SAID PARCEL "B"
517.10 FEET;
THENCE NORTH 89°59'58" WEST 186.46 FEET;
THENCE SOUTH 00°57'29" EAST 349.41 FEET TO THE NORTHEAST CORNER OF
LOT 1 OF THAT SHORT PLAT RECORDED IN BOOK 86 OF SHORT PLATS, PAGE
21, RECORDS OF YAKIMA COUNTY, WASHINGTON.
THENCE SOUTHERLY ALONG THE EAST LINE OF LOTS 1 AND 4 OF SAID SHORT
PLAT TO THE SOUTHEAST CORNER OF SAID LOT 4;
THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 3 AND 4 OF SAID SHORT
PLAT TO THE SOUTHWEST CORNER OF SAID LOT 3;
THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 3 TO THE
NORTHWEST CORNER OF SAID LOT 3;
THENCE WESTERLY TO THE NORTHEAST CORNER OF LOT 4 OF THAT SHORT
PLAT RECORDED IN BOOK 86 OF SHORT PLATS, PAGE 20, RECORDS OF
YAKIMA COUNTY, WASHINGTON;
THENCE WESTERLY TO THE NORTHWEST CORNER OF SAID LOT 4;
THENCE SOUTHERLY TO THE SOUTHWEST CORNER OF SAID LOT 4;
THENCE WESTRLY TO THE SOUTHEAST CORNER OF LOT 3 OF SAID SHORT
PLAT RECORDED IN BOOK 86 OF SHORT PLATS, PAGE 20, RECORDS OF
YAKIMA COUNTY, WASHINGTON;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 3 TO THE
NORTHEAST CORNER THEREOF;
THENCE WESTERLY ALONG THE NORTH LINE OF LOT 3 AND LOT 2 OF SAID
SHORT PLAT TO THE NORTHWEST CORNER OF SAID LOT 2;
THENCE NORTHERLY ALONG THE WEST LINE OF LOT 1 OF SAID SHORT PLAT
RECORDED IN BOOK 86 OF SHORT PLATS PAGE 20, RECORDS OF YAKIMA
COUNTY, WASHINGTON, TO THE NORTHWEST CORNER OF LOT 1 OF SAID
SHORT PLAT, SAID POINT BEING ON THE SOUTH LINE OF PARCEL "B" OF THAT
SHORT PLAT RECORDED IN BOOK "J" OF SHORT PLATS, PAGE 6, RECORDS OF
YAKIMA COUNTY, WASHINGTON;
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID PARCEL "B" TO THE
SOUTHWEST CORNER THEREOF;
THENCE NORTHERLY ALONG THE WEST LINE OF SAID PARCEL "B" TO THE
NORTHWEST CORNER THEREOF;
THENCE EASTERLY TO THE NORTHEAST CORNER OF SAID PARCEL "B";
THENCE NORTHERLY TO THE POINT OF BEGINNING.
SITUATE IN YAKIMA COUNTY, WASHINGTON.
EXHIBIT "C"
Zoning and Future Land Use
Anderson Park Annexation - Future Land Use
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r yr. ekrk kkk kik kk 0 a kik kii[ N 0 0 Ira
September 22, 2021
I Parcels Mixed Pegrrential Regional Coniniermal
FUttlfe Lank/ Use Cornice Business Gore Commercial Community Wog I./se
Low Censity Reside/10a!
Commenefol MiXf[d USE; [Industrial
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at *Ai 0; 41'411 011 at okr ow a
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1
1:9,028
tr5 a 1 0.2 rik
„[ t
0 0_07 0_15 0.3 km
1111.[A1 Y,0,;m1,1[35 Sovces. E[vi HERE Swath hlrermap,
,ncreir[nt Corp. GE[1[115, 1.8118, FAO NPS, NR,111[[ eAKM18,1, Wati,
C[,[0,Yakino Wash,Nron
` oplernber 22, 2021
M 1 Pareees
Xaakeina Urban.•�uer� 7ssrvhva�
SR. SutkeIm n FEesitlential
EXHIBIT "C"
Zoning and Future Land Use
Anderson Park Annexation - City Zoning
R-1 Sin le FanIIGK H l Prnlessekkal 0uv.res:s ¶ CC Small Crrnmeetce. Center
R-215rte Farrel? 0-2 6®cal Business
R-3 MultitiFaredv HO Hi,Fenicai (Business
ICC Lamle Comes alen+:e Center
1:9,028
0 0 05 0 1
r d ,
0 007 03:s 0_35m
'✓„lkima CAS CC•ty M Yamtm2 GAS G ax- Gen HERE, G�ae�iv:, Asrcirn�aµ,
auxwnxr:W P Cavp, GEHCO USGH,, FAO. EPS NRCAN, Con, IGN,
a,np arTak.,ra,Wash.g.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.
For Meeting of: October 5, 2021
ITEM TITLE: Public hearing and Ordinance on the Anderson Park Annexation
SUBMITTED BY: Joan Davenport, AI CP, Community Development Director
Joseph Calhoun, Planning Manager (509) 575-6042
SUMMARY EXPLANATION:
A Notice of Intent to Annex was received on March 11, 2021, and accepted by Council on April
20, 2021. The Petition has been drafted and signed by 100% of property owners, as certified by
the Yakima County Assessor on June 14, 2021. The legal description of the annexation area was
certified by the Yakima County Engineer on June 22, 2021. The signatures of registered voters
was certified by the Yakima County Auditor on July 22, 2021. The Anderson Park annexation
includes approximately 34.7 acres of R-2 and R-1 zoned land.
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.
The Public Hearing notice has been provided to all Yakima area media, including to Decides',
KDNA Radio, El Sol de Yakima, Hispanavision, Bustos Media, and El Mundo.
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
❑ Ordinance
O Staff Findings
❑ Background Materials
Upload Date
9/22/2021
9/22/2021
9/22/2021
Type
Ordinance
Backup Material
Backup Material