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HomeMy WebLinkAbout09/15/2015 07 Annexation of Two Parcels at 2210 S. 38th Ave. for Soccer Park'1111111 1, nun 11,1:1141r10 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` W WASHINGTON AVE w 2 (n jWHATCOMIA 1- , v 2 2 co rn W1.HITM AN ST1 WALLA WALLA ST I 01 Z N to LYONS LP w ; w HUMMINGBIRD LN ¢I Sa 0� 1 inch = 1,209 feet Date: 9/2/2015 SPRING CREEK R -14 58.57 SO_RENSON D AHTANUty RD 1 W LARCH AVE ttiI OAK AVE Yakima City Limits i Yakima Urban Area Proposed Annexation Municipal Purpose Soccer Park Annexation Exhibi 'C' W WASHINGTON AVE WASHINGTON AVE __ a) W W-IITMAN ST a 1- rn w w I-- x r - v a co COOLI(]GE w 0 M AHTANUM RD Ya�cim2 CiIS�CIt o�l'�i Irs i�la"'�`i'ir'�'f�" LYONS LP HUMMINGBIRD LN r co co rn w+e 1 inch = 1,209 feet Date: 9/2/2015 L � Yakima City Limits Yakima Urban Area Zoning I Yakima Urban Area SR Suburban Rnmanlut 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. If this letter pertains to a meeting and you need special accommodations, please call us at 509-574-2300 by 10:00 a.m. three days prior to the meeting. For TDD users, please use the State's toll free relay service 1-800-833-6388 and ask the operator to dial 509-574-2300.