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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.
For Meeting of: September 15, 2015
ITEM TITLE: Public Hearing and ordinance regarding a Municipal Purpose Soccer
Park Annexation
SUBMITTED BY: Jeff Peters, Planning Division Supervising Planner
Joan Davenport, Community Development Manager
SUMMARY EXPLANATION:
In completing its Municipal Purpose Soccer Park Annexation, the City of Yakima has utilized the provisions
of the Revised Code of Washington (RCW) 35.13.180, 35.22.570 and 36.93.090 for a Municipal Purpose
Annexation requested by the subject property owners Darleen Bohannon, and Cleat City LLC by means of
City of Yakima Annexation Petition No. 15.02. The proposed annexation consists of two tax parcels totaling
approximately 118.71 acres in size with a present assessed valuation of $299,860.00. The area proposed for
annexation currently contains a single family residential structure which is proposed to be demolished post
annexation.
As part of development of the annexation area into a municipal purpose soccer park all necessary utility
services are available and will be extended to and through the site.
Under the terms of RCW 35.13.140 and 180, the City Council may hold a public hearing to entertain and
consider the approval or disapproval of a proposed annexation when a petition for annexation has been
received by the City, signed by the property owners for which the property for annexation has been
petitioned.
The annexation ordinance will include a statement concerning the annexed area's obligation to assume its
portion of the City's bonded indebtedness, and that the zoning classification of the proposed annexation area
remains unchanged pursuant to YMC 15.23.050.
Following the public hearing the Council shall determine, by majority vote and adoption of ordinance,
whether annexation shall be made (RCW 35.13.150 & 180). If approved, the annexation would be effective
on October 18, 2015.
The Yakima County Boundary Review Board formally adopted written findings approving the annexation on
September 2, 2015.
Resolution: Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact:
Strategic Priority: Economic Development
Insurance Required? No
Mail to:
Phone: 509-575-6163
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
The City of Yakima Planning Division recommends that City Council accept Annexation Petition No. 15.02,
hold the required public hearing for the Municipal Soccer Park Annexation, by majority vote approve the
annexation, and adopt the accompanying ordinance.
ATTACHMENTS:
Description Upload Date
D Munliclipall Purpose Soccer Park Ord 9/2./2015
D Munliclipall Purpose Soccer Park Exhibits 9/2./2015
D Yalklirna Ccaunty Boundary IReview Board II....etter 9/2./2015
Type
Ordinance
lEx hi bit
1Backup Maternal
ORDINANCE NO. 2015 -
AN ORDINANCE concerning annexation; annexing two parcels of property located at
2210 S. 38th Ave, Yakima WA, to the City of Yakima by means of the
municipal purpose annexation process; maintaining the current Light
Industrial (M-1) and Suburban Residential (SR) zoning of the area;
adopting zoning regulations for the annexation area; and establishing
an effective date of October 18, 2015.
WHEREAS, Cleat City LLC, and Darlene Bohannon are the owners of real property
consisting of approximately 118.71 acres (Parcel Numbers: 18133434001 & 18133433001)
legally described in Exhibit A, which is immediately adjacent to and southeast of the existing
City limits located at the intersection of S. 38th Ave., and the easterly extension of Occidental
Rd.; and
WHEREAS, it is the intent of the property owners, and City of Yakima that this property, as
described in Exhibit A, will be used for municipal purposes for the establishment of a park;
and
WHEREAS, the above stated property owners have given their written consent for the
annexation by signing City of Yakima Petition No. 15.02; and
WHEREAS, the Revised Code of Washington provides for the annexation of territory outside
of its limits for any municipal purpose, by majority vote of the Council if the territory is owned
by the City, or all of the owners of the real property in the territory give their written consent
to the annexation (RCW 35.13.180); and
WHEREAS, the property described in Exhibit A to be annexed is within the City of Yakima's
Urban Growth Area as established by Yakima County and included in the Comprehensive
Plan of the City of Yakima; and
WHEREAS, the City of Yakima's Comprehensive Plan, adopted in December 12, 2006,
established a land use map designation for this property as Industrial and Low Density
Residential, along with pertinent goals and policies, to guide the development of the
annexation area over the next twenty years; and
WHEREAS, the Light Industrial (M-1) and Suburban Residential (SR) zoning districts of the
property described in Exhibit A are consistent with the City of Yakima's Comprehensive Land
Use Plan designations as Industrial and Low Density Residential, which zoning is shown on
the map attached hereto as Exhibit "C"; and
WHEREAS, although review of property being annexed for municipal purposes which is
contiguous to a city is not necessarily subject to review by the Boundary Review Board
pursuant to RCW 35.13.180, 35.22.570, 35.22.195 and RCW 36.93.090, the City of Yakima
did not forgo the Boundary Review Board process and submitted a Washington State
Boundary Review Board for Yakima County Notice of Intention to Commence Annexation
application on July 16, 2015 (Yakima County File Number: BRB 2015-00003; City of Yakima
Municipal Purpose Soccer Park Annexation); and
WHEREAS, On August 31, 2015, the 45 -day Boundary Review Board review period for the
Municipal Purpose Annexation lapsed; 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 annexation area, a franchise to continue such service to residential properties
within the 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. The City
understands that collection and disposal services to all commercial accounts within the City
is now subject to and shall remain under the authority of the WUTC and that, pursuant to
state law, Yakima Waste Systems, Inc., shall, under its WUTC authority, continue to provide
garbage and refuse collection and disposal services to all commercial accounts within the
City, including such accounts in the annexation area; and
WHEREAS, RCW 35.13.280 requires the City to provide specific notice to the WUTC
regarding the City's intent, pursuant to RCW 81.77.020, and subject to the provisions of
RCW 35.13.280, to provide residential refuse collection and disposal service to the
annexation area; and
WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said
annexation on September 15, 2015, and, as a result thereof, finds:
1. The annexation area described in Exhibit A should be annexed to the City of
Yakima.
2. The subject property should retain its current zoning pursuant to the Yakima
Urban Area Zoning Map and that such zoning and classification is in accord with the
Yakima Urban Area Comprehensive Plan, the General Plan of the City of Yakima.
3. If applicable, the owners of the real property within the annexation area
should be required to assume existing indebtedness of the City of Yakima.
4. The needs of the City and community do require the hereinafter set forth
zoning classification, and the highest and best use for said property is as hereinafter
determined.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON:
Section 1. The property legally described in Exhibit "A", and identified on the map
attached hereto as Exhibit "B", with zoning designations as shown on Exhibit "C," is hereby
annexed to the City of Yakima, Washington.
Section 2. The annexation area is hereby zoned as it is currently zoned and depicted on
the official zoning map for the unincorporated portion of the Yakima Urban Area which map
is maintained in the Yakima County Planning Department and which map is incorporated
herein by reference.
Section 3. If applicable, the owners of the real property within the annexation area shall
be required to assume existing indebtedness of the City of Yakima.
Section 4. The next regularly amended Zoning District Map prepared by and for the City
of Yakima shall show the annexation area zoned and classified without change of zoning
district but within the jurisdiction of the City of Yakima.
Section 5. The City Clerk is hereby authorized and directed to file a certified copy of this
ordinance with the County Auditor of Yakima County 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, pursuant to § 81.77.020 RCW, and subject to the provisions of § 35.13.280 RCW, to
provide residential refuse collection and disposal service to the annexation area.
Section 6. The City Clerk is hereby authorized and directed to provide, as required by
RCW 35.13.270, notification by certified mail that includes a list of the Assessor's Tax Parcel
numbers of all properties within the annexation, to the Yakima County Treasurer and
Assessor at least thirty 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 within the annexation area, in
accordance with the specific terms of Ordinance Nos. 3220 and 3445 of the City of Yakima
and in accordance with the terms of the Franchise Agreement attached to Ordinance No.
3220 (amended by Ordinance No 3445) of the City of Yakima. Such franchise does not
apply to garbage and refuse generated by commercial establishments because the City
does not provide or contract for such service. The City understands that collection and
disposal services to all commercial accounts within the City is now subject to and shall
remain under the authority of the WUTC and that, pursuant to state law, Yakima Waste
Systems, Inc., shall, under its WUTC authority, continue to provide garbage and refuse
collection and disposal services to all commercial accounts within the City, including such
accounts in the Sullivan Rowell Annexation area.
Section 8. This ordinance shall be in full force and effect thirty days after its passage,
approval and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
15th day of September , 2015.
ATTEST:
City Clerk
Publication Date:
Effective Date:
Micah Cawley, Mayor
Section 6 above is accepted by Franchisee this day
of , 2015.
Yakima Waste Systems, Inc.
By:
Signer's Name Printed:
Signer's Title:
Exhibit "A'
EXHIBIT "A"
LEGAL DESCRIPTION FOR THE
MUNICIPAL PURPOSE ANNEXATION
THE SOUTH HALF OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER, EXCEPT THE EAST 20 FEET THEREOF FOR COUNTY
ROAD, SECTION 34, TOWNSHIP 13 NORTH, RANGE 18 EAST W.M., SITUATED IN THE
COUNTY OF YAKIMA, STATE OF WASHINGTON.
YAKIMA COUNTY PUBLIC WORKS DEPARTMENT
CHECKED FOR ACCURACY OF
LEGAL DESCRIPTION ONLY:
ENT L. MCHENRY, P.E.
YAKIMA COUNTY PUBLIC WORKS
Exhibit "B`
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L � Yakima City Limits Yakima Urban Area Zoning
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Proposed Annexation R-1 Single Family
R-2 Two Family
R-3 Multi -Family ■ HB Historical Business
B-1 Professional Business SCC Small Conveneice Center
■ B-2 Local Business . LCC Large Convenience Center
■ CBD Central Business District M-2 Heavy Industrial
GC General Commercial
RD Regional Developmerrt
M-1 Light Industrial - _ AS Airport Support
Municipal Purpose
Soccer Park
Annexation
WASHINGTON STATE BOUNDARY RE EW BO
FOR YAKIMA COUNTY
128 North Second Street
Fourth Floor Courthouse
Yakima, Washington 98901
City of Yakima
Attn: Jeff Peters
Supervising Planner
129 N. 2nd Street
Yakima, WA 98901
(509) 574-2300 • FAX (509) 574-2301
September 2, 2015
RE: File No. BRB 2015-00003 City of Yakima Municipal Purpose Soccer Park Annexation
Dear Mr. Peters:
This is to notify you that the 45 day filing period lapsed on August 31, 2015 for your "Notice of
Intention" on the above annexation.
In order to expedite the final filing process, please mail or bring me an original of your final
ordinance along with the filing fee of $72.00 for the first page and $1.00 for each additional
page. The Auditor's Office has certain requirements for recording documents (Le. original
signature & seal pages, with a 1" margin on all sides). Don't forget to include your cover page
for filing purposed which includes all parcel numbers. Please make your check payable to
"Yakima County". Be sure the final ordinance contains the following:
> Effective date of annexation
> Initiator's seal and notarized
> A map of the annexation area
➢ Signed and dated final approval of the legal description by the Engineering Services
Manager from the Public Works Department.
We will file the ordinance with the County Auditor and distribute the copies for you. The original
recorded ordinance will be returned to you within a week after it has been microfilmed and
checked. If you have any questions, please give me a call.
Sincerely,
Greta Srhith
Chief Clerk of the Board
Yakima County ensures full compliance with Title VI of the Civil Rights Act of 1964 by prohibiting discrimination against any person on the basis
of race, color, national origin, or sex in the provision of benefits and services resulting from its federally assisted programs and activities. For
questions regarding Yakima County's 7Ytle VI Program, you may contact the Title VI Coordinator at 509-574-2300.
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