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Home My WebLink About2005-028 Englewood Annexation ORDINANCE NO. 2005 - 28 AN ORDINANCE concerning annexation, annexing the Englewood Annexation area to the City of Yakima, maintaining the current zoning of the area, providing for notice to the WUTC of the City's mtent to provide residential refuse collection and disposal service; assumption of the City's current indebtedness by properties m the Englewood Annexation area, and an effective date of July 10, 2005 WHEREAS, proceedings have been held m accordance with all applicable laws for the annexation to the City of Yakima of the Englewood Annexation heremafter described, and WHEREAS, the City duly filed a notice of intention with the state Boundary Review Board for Yakima County (BRB) for the Englewood Annexation, and this matter came before the Board on April 1, 2005 for a public hearing. On April 21, 2005 the Board issued their findmgs and decision modifying this annexation to include an additional 85 acres of unincorporated temtory not originally proposed for this annexation and approved the annexation as modified pursuant to the provisions of RCW 36.93 150; and WHEREAS, garbage and refuse collection within the Englewood Annexation area is presently being provided 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 Englewood Annexation area, a franchise to continue such service to residential properties within the Englewood 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, includmg such accounts m the Englewood 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 Englewood Annexation area, and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on June 7, 2005 and, as a result thereof, finds. 1 The annexation petition requirements of RCW 35 13 120 have been satisfied through a combination of annexation petitions and outside utility agreement annexation covenants signed by the owners of not less than seventy -five percent m value accordmg to the assessed valuation for general taxation of the Englewood Annexation area. 2. The Englewood Annexation area should be annexed to the City of Yakima. 3 The Englewood Annexation area should retain its current zoning pursuant to the Yakuna 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. 4 The owners of the real property within the Englewood Annexation area should be required to assume existing mdebtedness of the City of Yakima. 5 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 identified on the map attached hereto as Exhibit "A" and legally described m Exhibit "B ", attached hereto and incorporated by reference herem, referred to below as the "Englewood Annexation," is hereby annexed to the City of Yakima, Washington. Section 2. The owners of the real property within the Englewood Annexation area shall be required to assume existing mdebtedness of the City of Yakuna. Section 3. The Englewood 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 herem by reference. Section 4. The next regularly amended Zoning District Map prepared by and for the City of Yakima shall show the Englewood Annexation 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 Utihties 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 Englewood 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 hst of the Assessor's Tax Parcel numbers of all properties within the Englewood 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., m 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 Englewood 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 2 (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 Englewood Annexation area. Section 8. This ordinance shall be in full force and effect thirty days after its passage, approval and pubhcation as provided by law and by the City Charter PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 7th day of June 2005 ofr Paul P George, Mayor ATTEST City Clerk Publication Date: 6/10/05 Effective Date: 7/10/05 Section 6 a ove is accepted by Franchisee this day of J , 2005 Yakima Waste Systems, Inc. By. r,�lC�� -i Signer's Name Printed. 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BEING FURTHER DESCRIBED AS FOLLOWS BEGINNING AT A POINT ALONG THE CITY LIMITS OF THE CITY OF YAKIMA, SAID POINT BEING THE POINT OF INTERSECTION OF THE NORTH RIGHT -OF -WAY LINE OF SUMMITVIEW AVENUE AND THE WEST LINE OF KAIL SUBDIVISION, AS RECORDED IN VOLUME "X" OF PLATS PAGE 1 THENCE NORTHERLY ALONG SAID WEST LINE TO THE SOUTH LINE OF THE PLAT OF HAWTHORN HILL, AS RECORDED IN VOLUME "N" OF PLATS, PAGE 15 THENCE WESTERLY ALONG SAID SOUTH LINE AND SOUTH LINE EXTENDED TO THE NORTH QUARTER SECTION LINE OF SECTION 19 THENCE NORTHERLY TO THE CENTERLINE OF THE VACATED TIETON CANAL RIGHT -OF -WAY, THENCE NORTHERLY AND EASTERLY ALONG THE CENTERLINE OF SAID CANAL RIGHT -OF -WAY TO A POINT NORTH OF THE LINE DIVIDING LOTS 1 AND 2 OF THE PLAT OF HAWTHORN HILL, THENCE SOUTHERLY TO SAID DIVIDING LINE, THENCE EASTERLY ALONG THE NORTH LINE OF THE AFORESAID LOT 1 TO THE WEST RIGHT -OF -WAY LINE OF NORTH 84 AVENUE, THENCE NORTHERLY FOLLOWING ALONG SAID WEST RIGHT -OF -WAY LINE TO THE POINT OF INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19 THENCE NORTHERLY FOLLOWING ALONG SAID LINE TO THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 18, THENCE CONTINUING NORTHERLY TO THE NORTHWEST CORNER OF LOT 3 OF SHORT PLAT 88 -57, THENCE EASTERLY ALONG SAID NORTH LINE TO THE SOUTHWEST CORNER OF LOT 3 OF SHORT PLAT 80 -220; THENCE NORTHERLY TO THE NORTHWEST CORNER OF SAID LOT 3, THENCE EASTERLY TO THE NORTHEAST CORNER OF SAID LOT 3, THENCE SOUTHERLY TO THE SOUTHEAST CORNER OF SAID LOT 3 AND THE POINT OF INTERSECTION WITH THE NORTH LINE OF LOT 2 OF SHORT PLAT 88 -57, THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT TO ITS NORTHEAST CORNER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 2 TO THE NORTH RIGHT -OF -WAY LINE OF AMERICAN LANE, THENCE EASTERLY ALONG THE NORTH RIGHT -OF -WAY LINE OF AMERICAN LANE TO THE WEST RIGHT -OF -WAY LINE OF NORTH 80 AVENUE, THENCE IN A SOUTHEASTERLY DIRECTION TO THE SOUTHWEST CORNER OF LOT 1 OF SHORT PLAT 87 -87, THENCE NORTHERLY AND EASTERLY ALONG THE SOUTH LINE OF SAID LOT 1 TO THE WEST LINE OF LOT 3 OF SHORT PLAT 95 -118; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 3 TO ITS NORTHWEST CORNER; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 3 TO THE NORTHWEST CORNER OF LOT 1 OF THE PLAT OF HIGH VALLEY, AS RECORDED IN VOLUME "Y" OF PLATS, PAGE 16, THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF SHORT PLAT 86 -92; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SHORT PLAT TO THE WEST LINE OF UNOPENED COUNTY RIGHT -OF -WAY, THENCE NORTHERLY ALONG THE WEST LINE OF THE UNOPENED COUNTY RIGHT -OF -WAY AND CONTINUING TO THE NORTH LINE OF THE UNOPENED COUNTY RIGHT -OF -WAY, THENCE EASTERLY TO THE SOUTHEAST CORNER OF LOT 4 OF SHORT PLAT 92-40 THENCE NORTHERLY TO THE SOUTHWEST CORNER OF LOT C OF SHORT PLAT M -90; THENCE NORTHERLY TO THE NORTHWEST CORNER OF SAID LOT C, THENCE EASTERLY ALONG THE NORTH LINE OF LOT "C" TO THE WEST LINE OF LOT "D" OF SHORT PLAT M -90; THENCE NORTHERLY ALONG SAID WEST LINE TO THE NORTH LINE OF THE AFORESAID LOT "0"; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT "D" TO THE WEST RIGHT -OF -WAY LINE OF SCENIC DRIVE, THENCE NORTHERLY ALONG SAID RIGHT -OF -WAY LINE EXTENDED TO THE NORTH RIGHT -OF -WAY LINE OF SCENIC DRIVE, THENCE EASTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE TO THE WEST LINE OF SHORT PLAT 85 -284, THENCE SOUTHERLY ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID SHORT PLAT, THENCE EASTERLY ALONG SAID SOUTH LINE AND SOUTH LINE EXTENDED TO THE WEST LINE OF TRACT 17 OF YAKIMA ORCHARD HIGHLAND COMPANY'S ORCHARD TRACTS, THENCE SOUTHERLY ALONG SAID WEST LINE TO THE WESTERLY RIGHT -OF -WAY LINE OF NORTH 66 AVENUE, THENCE CONTINUING SOUTHERLY ALONG SAID RIGHT -OF -WAY LINE TO A POINT 209 FEET SOUTH OF THE NORTH LINE OF TRACT 17 THENCE EASTERLY TO A POINT 209 FEET EAST OF THE WEST LINE OF TRACT 17 THENCE NORTHERLY TO THE SOUTH RIGHT -OF -WAY LINE OF PROSPECT WAY, THENCE EASTERLY ALONG SAID RIGHT -OF -WAY LINE TO THE EAST LINE OF TRACT 17, THENCE SOUTHERLY ALONG THE AFORESAID EAST LINE TO THE SOUTH LINE OF TRACT 17, THENCE WESTERLY ALONG SAID SOUTH LINE TO THE EAST RIGHT -OF -WAY LINE OF NORTH 66 AVENUE, THENCE SOUTHERLY ALONG SAID RIGHT -OF -WAY LINE TO THE CITY LIMITS OF THE CITY OF YAKIMA, THENCE CONTINUING TO THE SOUTH ALONG SAID CITY LIMITS AND CITY LIMITS CONTINUED TO THE POINT OF BEGINNING. YAKIMA COUNTY PUBLIC WORKS DEPARTMENT CHECKED FOR ACCURACY OF LEGAL DESCRIPTION ONLY MARK CLEAVER, DEVELOPMENT REVIEW ENGINEER Englewood 18131743423 18131913447 Parcel 18131743424 18131914007 Numbers 18131743425 18131914008 18131733402 18131743426 18131914400 18131733404 18131743427 18131914401 18131733411 18131743429 18131914402 18131733412 18131743430 18131914403 18131733413 18131744401 18131914404 18131734403 18131744402 18131914405 18131734404 18131744412 18131914406 18131734407 18131744417 18131914407 18131734408 18131844002 18131914408 18131734409 18131844409 18131914411 18131734410 18131844415 18131914412 18131734412 18131844416 18131914413 18131734414 18131911403 18131914414 18131734418 18131911404 18131914415 18131734422 18131911405 18131914417 18131734427 18131911409 18131914418 18131741405 18131911414 18131914419 18131741426 18131911419 18131914420 18131742401 18131911422 18131914421 18131742402 18131911423 18131914422 18131742410 18131911424 18131914423 18131742411 18131911433 18131914424 18131742421 18131911438 18131914425 18131742422 18131911439 18131914426 18131742423 18131911440 18131914427 18131742424 18131911441 18131914428 18131742427 18131911442 18131914429 18131742428 18131911445 18131914430 18131742431 18131911446 18131914431 18131742432 18131911447 18131914432 18131742433 18131911448 18131914433 18131742434 18131911450 18131914436 18131742435 18131911451 18131914444 18131742436 18131911452 18132011403 18131742437 18131911453 18132011411 18131742438 18131911454 18132011412 18131742440 18131911455 18132011413 18131742441 18131911459 18132011471 18131743405 18131911460 18132011480 18131743406 18131911461 18132011481 18131743407 18131911462 18132012400 18131743408 18131911463 18132012404 18131743410 18131911488 18132012405 18131743411 18131911489 18132012410 18131743418 18131911492 18132012411 18131743419 18131911493 18132012413 18131743420 18131911495 18132012414 18131743421 18131911496 18132012417 18131743422 Englewood Annexation Area Parcel Numbers 18132012419 18132014401 18132021432 18132012420 18132014402 18132021433 18132012430 18132014403 18132022403 18132012431 18132014404 18132022404 18132012434 18132014405 18132022412 18132012435 18132014406 18132022416 18132012437 18132014407 18132022419 18132012438 18132014408 18132022423 18132012439 18132014409 18132022434 18132012441 18132014410 18132022442 18132012442 18132014411 18132022443 18132012443 18132014413 18132022444 18132012445 18132014414 18132022454 18132012471 18132014415 18132022455 18132012472 18132014416 18132022457 18132012473 18132014417 18132022529 18132012474 18132014418 18132023018 18132012475 18132014421 18132023019 18132012494 18132014432 18132023401 18132013002 18132014436 18132023405 18132013006 18132014439 18132023406 18132013009 18132014442 18132023408 18132013017 18132014444 18132023409 18132013023 18132014446 18132023410 18132013024 18132014447 18132023411 18132013029 18132014448 18132023412 18132013400 18132014449 18132023421 18132013401 18132014450 18132023424 18132013402 18132014461 18132023425 18132013403 18132014469 18132023426 18132013404 18132014470 18132023447 18132013405 18132014474 18132023452 18132013406 18132014475 18132023453 18132013410 18132014476 18132024006 18132013411 18132014477 18132024010 18132013412 18132014501 18132024403 18132013413 18132014502 18132024404 18132013414 18132014503 18132024405 18132013432 18132014504 18132024406 18132013433 18132014505 18132024407 18132013436 18132021403 18132024414 18132013437 18132021404 18132024482 18132013438 18132021406 18132042005 18132013442 18132021408 18132042006 18132013443 18132021409 18132123400 18132013504 18132021416 18132123401 18132013506 18132021417 18132123402 18132014002 18132021420 18132123403 18132014003 18132021421 18132123404 18132014008 18132021430 18132123405 18132014400 18132021431 18132123406 2 Englewood Annexation Area Parcel Numbers 18132123407 18131741404 18131913404 18132123408 18131741414 18131913405 18132123409 18131741415 18131913406 18132123410 18131741416 18131913407 18132123411 18131741417 18131913408 18132123412 18131741418 18131913409 18132123413 18131741419 18131913410 18132123414 18131741420 18131913411 18132123415 18131741421 18131913412 18132123416 18131741422 18131913413 18132123417 18131741423 18131913414 18132123418 18131741424 18131913415 18132123419 18131741425 18131913442 18132123422 18131741427 18131913443 18132123423 18131744414 18131913444 18132123443 18131744415 18131913445 18132123445 18131744423 18131913446 18132123447 18131744457 18131913448 18132123451 18131744458 18131913449 18132123452 18131844414 18131914001 18132123453 18131911428 18131914002 18132123454 18131911429 18131914003 18132123455 18131911449 18131914006 18132123456 18131911456 18131914014 18132123457 18131911464 18131914416 18132123458 18131911465 18131914434 18132123459 18131911466 18131914435 18132123516 18131911467 18131914451 18132123517 18131911468 18131914452 18132123518 18131911469 18131914455 18132123521 18131911470 18131914456 18132123522 18131911471 18131914457 18132123523 18131911472 18132011409 18132123524 18131911473 18132011473 18132123525 18131911474 18132011483 18132123526 18131911475 18132011484 18131733408 18131911476 18132011485 18131733414 18131911478 18132011486 18131733416 18131911479 18132011487 18131733418 18131911480 18132011488 18131733421 18131911481 18132011489 18131733422 18131911482 18132011490 18131733423 18131911483 18132011491 18131733424 18131911484 18132012401 18131733425 18131911485 18132012409 18131733426 18131911486 18132012418 18131733427 18131911487 18132012421 18131733428 18131911490 18132012423 18131733429 18131911491 18132012424 18131733430 18131913402 18132012426 18131734421 18131913403 18132012427 3 Englewood Annexation Area Parcel Numbers 18132012429 18132021427 18132022460 18132012448 18132021428 18132022461 18132012451 18132021429 18132022462 18132012452 18132021444 18132022463 18132012453 18132021445 18132022464 18132012454 18132021446 18132022465 18132012455 18132021447 18132022466 18132012456 18132021448 18132022467 18132012457 18132021449 18132022468 18132012458 18132021450 18132022469 18132012459 18132021451 18132022470 18132012460 18132021452 18132022471 18132012461 18132021453 18132022472 18132012462 18132021454 18132022473 18132012463 18132021455 18132022474 18132012464 18132021456 18132022475 18132012465 18132021457 18132022476 18132012466 18132021458 18132022477 18132012467 18132021459 18132022478 18132012468 18132021460 18132022479 18132012469 18132021461 18132022480 18132012470 18132021462 18132022481 18132012492 18132021463 18132022482 18132012493 18132021464 18132022483 18132013003 18132021465 18132022484 18132013004 18132021466 18132022485 18132013022 18132021467 18132022486 18132013407 18132021468 18132022487 18132013417 18132021469 18132022488 18132013425 18132021470 18132022489 18132013431 18132021471 18132022490 18132013444 18132021472 18132022491 18132013445 18132021476 18132022492 18132013446 18132021477 18132022493 18132013447 18132021478 18132022494 18132013451 18132021479 18132022495 18132013452 18132021480 18132022496 18132013453 18132021481 18132022497 18132013505 18132021482 18132022498 18132014004 18132021483 18132022499 18132014422 18132021484 18132022500 18132014431 18132021485 18132022501 18132014445 18132021486 18132022502 18132014473 18132021487 18132022503 18132014506 18132021488 18132022504 18132021400 18132022402 18132022505 18132021419 18132022414 18132022507 18132021423 18132022425 18132022508 18132021424 18132022445 18132022509 18132021425 18132022452 18132022510 18132021426 18132022453 18132022511 4 Englewood Annexation Area Parcel Numbers 18132022512 18132023498 18132024467 18132022513 18132023499 18132024468 18132022514 18132023500 18132024469 18132022515 18132023501 18132024470 18132022517 18132023502 18132024471 18132022518 18132023503 18132024472 18132022519 18132024416 18132024475 18132022520 18132024417 18132024476 18132022521 18132024418 18132024477 18132022522 18132024419 18132024478 18132022523 18132024423 18132024479 18132022524 18132024425 18132024480 18132022525 18132024426 18132024481 18132022526 18132024427 18132024483 18132022527 18132024428 18132123444 18132022528 18132024429 18132022426 18132022530 18132024430 18132022427 18132022531 18132024431 18132011414 18132022532 18132024432 18132011408 18132022533 18132024433 18132123446 18132022534 18132024434 18132123442 18132022535 18132024435 18132013026 18132022536 18132024436 18132013027 18132022537 18132024437 18132123421 18132022538 18132024438 18132123424 18132023003 18132024439 18132123425 18132023013 18132024440 18132123426 18132023017 18132024441 18132123427 18132023413 18132024442 18132011410 18132023420 18132024443 18132011474 18132023422 18132024444 18132011479 18132023423 18132024445 18132023407 18132023442 18132024446 18132011465 18132023451 18132024447 18132011466 18132023481 18132024448 18132011467 18132023482 18132024449 18132011468 18132023483 18132024450 18132011469 18132023484 18132024451 18132011470 18132023485 18132024452 18132013416 18132023486 18132024453 18132013418 18132023487 18132024454 18132013426 18132023488 18132024455 18132013427 18132023489 18132024458 18132013434 18132023490 18132024459 18132013435 18132023491 18132024460 18132013502 18132023492 18132024461 18132023004 18132023493 18132024462 18132023005 18132023494 18132024463 18132023416 18132023495 18132024464 18132023417 18132023496 18132024465 18132023419 18132023497 18132024466 18132023444 5 Englewood Annexation Area Parcel Numbers 18132023449 18132022424 18132014437 18132023450 18132022428 18132014438 18132023456 18132022429 18132014440 18132023457 18132022435 18132014441 18132023458 18132022436 18132014443 18132023459 18132022437 18132014451 18132023461 18132022438 18132014453 18132023462 18132022439 18132014454 18132023463 18132022440 18132014455 18132023464 18132022441 18132014458 18132023471 18132022446 18132014459 18132023472 18132022450 18132014460 18132023473 18132022451 18132014462 18132023474 18132023404 18132014463 18132024411 18132023427 18132014464 18132024412 18132023428 18132014465 18132024413 18132023431 18132014466 18131734415 18132023432 18132014467 18131911434 18132023433 18132023001 18131744418 18132023434 18132024408 18131744419 18132023435 18132024415 18131744420 18132023436 18132011482 18131744421 18132023439 18132013440 18131744422 18132023443 18132023403 18131911410 18131914454 18131911411 18132014452 18131911412 18132014468 18131911413 18132123441 18131911415 18132023002 18131911416 18132023402 18131911418 18132023418 18131911420 18132023445 18131911421 18132024007 18131911430 18131733409 18131911431 18131914453 18131911432 18132013020 18131911437 18132013501 18131914441 18132014007 18132022405 18132014014 18132022406 18132014015 18132022407 18132014419 18132022409 18132014420 18132022410 18132014423 18132022411 18132014424 18132022413 18132014425 18132022415 18132014428 18132022417 18132014429 18132022418 18132014430 18132022420 18132014433 18132022421 18132014434 18132022422 18132014435 6 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No a c° For Meeting Of June 7, 2005 ITEM TITLE. Public Hearing — Englewood Annexation I✓ SUBMITTED BY illiam R. Cook, Director of Community Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Supervising Planner, 575 -6042 SUMMARY EXPLANATION: In completing its Englewood Annexation the City of Yakima has utilized signed Outside Utility Agreements and petitions which represent 76.97% of the total assessed value of the proposed annexation area. The annexation as originally proposed consisted of 818 tax parcels which currently have a total assessed valuation of $141,061,500 The area proposed for annexation is approximately 521 acres in area and has an estimated population of 1,600 On April 1, 2005 the BRB added approximately 85 acres of additional property to our originally proposed annexation thereby bringing the total area to approximately 606 acres (see map) This additional property increases the total assessed value for this annexation to- $172,895,650 and added approximately 250 more people for an estimated population of 1850 Under the terms of RCW 35 13 130 and 35 13 140 the City Council may hold a public hearing to entertain and consider the approval or disapproval of a proposed annexation when petitions for annexation have been received by the city, signed by owners of not less than seventy -five percent in value according to the assessed valuation for general taxation of the property for which annexation is 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 Property taxes for the area will be payable to the City of Yakima commencing with tax year 2007 Following the public hearing the Council shall determine by ordinance whether annexation shall be made (RCW 35 13 150) Resolution Ordinance X Contract _ Other (Specify) Map Funding Source N/A APPROVAL FOR SUBMITTAL. City Manager STAFF RECOMMENDATION: Accept Petition No 04-09 for The Englewood Annexation and adopt the ordinance BOARD RECOMMENDATION Yakima County Boundary Review Board formally adopted their written finding approving the enlarged annexation on 4/21/05 COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2005-28 b c f 0' ‘I'cl' G�4wbASHIiiY WASHINGTON STATE BOUNDARY REVIEW BOARD 1,;GG'‘ FOR YAICIMA COUNTY 0 \*ct G IN THE MATTER OF THE PROPOSED ) BRB 04-19 CITY OF YAKIMA ENGLEWOOD ) FINDINGS AND DECISION ANNEXATION ) ) This matter came before the Board on April 1, 2005, for a public hearing upon the request made by Yakima County for review of the Englewood Annexation as proposed by the City of Yakima. The City of Yakima was represented by Paul McMurray, Assistant City Attorney Gary Ekstedt, Assistant Director of Public Works for Transportation Services, appeared on behalf of Yakima County and indicated that the County invoked junsdiction not to oppose annexation but m order to ask the Board to modify the proposal by establishing the northern boundary at Englewood Avenue. The Board heard testimony in favor of the proposed annexation from City of Yakima officials and staff, inclydmg representatives of the fire and police departments, the • public works streets division manager, director of the Department of Co g ep Community and Economic Development, and residents and property owners in the area. The Board heard testimony in opposition to the proposed annexation from residents and property owners in the area. In addition to the testimony received at the hearing, the Board considered the contents of the file and the exhibits submitted at the hearing. SUMMARY OF DECISION The Board finds that modification of the proposal is necessary in order to further the statutory objectives of creation and preservation of logical service areas, prevention of abnormally irregular boundaries, and annexation to cities of unincorporated areas which are urban m character The Board finds that two areas of unincorporated territory comprising approximately 97 436 acres should be added to the annexation. (1) The area west of North 68 Avenue and Snow Pass Lane and east of North 74 Avenue and the unopened road right -of -way • City of Yakuna — Englewood Avenue Annexation — Page 1 for North 72n Avenue south of Scenic Drive, m order to eliminate the "peninsula" of unincorporated temtory created by the original proposal, and, (2) the area north of Englewood • Avenue and west of North 74 Avenue east of Graystone Court m order to eliminate a smaller peninsula of unmcorporated territory The revised boundary is illustrated in the attached Exhibit A. With the addition of these two areas, the annexation is approved. FINDINGS 1. The Proposed Annexation. The originally proposed annexation consists of approximately 519 1 acres lying north of Summitview Avenue and south of Vertner Road between North 88 Avenue on the west and extending just east of North 61 Avenue. The area boarders the existing city limits of Yakima along its eastern and southem boundaries. The annexation is sought pursuant to the direct petition method set forth in RCW 35 13 125 Many of the lots within the annexation area are subject to outside utility agreements OUA's by which the property owners (OUA's) y p perry consented to city annexation as a condition of receiving city sewer service. Other property owners m the annexation area signed annexation petitions. The properties covered by OUA's and signed petitions account for more than seventy -five percent of the total assessed valuation of the annexation area. On February 8, 2005 the Boundary Review Board held a short meeting to set a date for a public hearing on Yakima County's request for review of the Englewood Annexation. At that meeting, City of Yakima representatives requested that the Boundary Review Board consider adding temtory to the annexation m order to address the County's concerns regarding the "irregular peninsulas of incorporated and unincorporated land" which would result if the ongmal proposal was approved. Such proposed additions constitute approximately 97 436 acres and are depicted in Exhibit 4 attached to the City of Yakima's Pre - hearing Statement. The City proposed the addition of two areas to the original proposal (1) The area west of North 68 Avenue and City of Yakima — Englewood Avenue Annexation — Page 2 • Snow Pass Lane and east of North 74 Avenue and the unopened road nght -of -way of North ad 72 Avenue lying south of Scenic Dnve in order to eliminate the large peninsula of unincorporated temtory; and, (2) the area lying north of Englewood Avenue and west of North 74 Avenue just east of Graystone Court, in order to eliminate a smaller peninsula of unincorporated territory Notice that the Board might consider adding this temtory to the annexation was included m the notice of hearing published in the newspaper and the City mailed notice to area residents. 2. Yakima County's Position. In its letter of January 24, 2005 invoking Boundary Review Boards junsdiction, the County stated "that the large irregular peninsulas of incorporated and nnmcorporated land result in confusmg jurisdiction shifts along segments of the road system that would cause serous service delivery problems and mcrease costs" in three areas: (1) Public safety services (fire, emergency, policy, and sheriff), (2) coordinated extension of infrastructure • to development (utilities, roads an p ( ), d, 3 ()impractical road maintenance and snow removal routing operations. The County requested that the Boundary Review Board reconfigure the annexation by excluding areas west of North 66 and north of Englewood Avenues. At the Boundary Review Board hearing, Gary Ekstedt, on behalf of Yakima County testified that the County was also concerned about the effect of the annexation on adjacent areas to the north and west which would remain unincorporated under either the City's onginal or modified proposal. Mr Ekstedt testified that the areas to the north and west are politically and topographically isolated. Lands in federal ownership to the west will not be developed. Lands in the ownership of the Cowiche Canyon Conservancy to the north also will not be developed and the canyon escarpment is a physical boundary The unincorporated temtory between these two • areas and the proposed annexation boundary presents service delivery problems to the County because of its isolation from other incorporated land. Mr Ekstedt argued that the Boundary City of Yakima — Englewood Avenue Annexation — Page 3 Review Board should reconfigure the annexation by excluding areas west of north 66 and north. of Englewood Avenues. This would allow the County time to negotiate annexation agreements II/ with the City which address how the problematic areas will be served. The revisal boundary would capture the vast majority of the lots currently served by the City of Yakima sewer facilities. Mr Ekstedt also questioned the ability of the City of Yakima streets division to serve the annexation area based upon a memorandum dated November 4, 2004 to the City Manger from the Director of Public Works, and other engineering and maintenance staff concerning the City resources necessary to serve the proposed annexation area. The Memorandum is attached as an exhibit to the City's Pre - hearing Statement. (Exh. 18) In the memorandum it is stated that the City will need an additional 5 3/4 full time employees m street and traffic operations to serve the new annexation area as well as to address `unmet" demands placed on the division by the 72 and 40 Avenue Annexations. The memorandum further states that it will cost between $250,000 and $1,000,000 to pave the unpaved streets in the area and that no funds have been budgeted for that purpose. Finally, Mr. Ekstedt argued that even if the boundaries were revised as requested by the City, the boundary would still be abnormally irregular Mr Ekstedt cited concerns for streets that would go in and out of County junsdiction and create potential tort liability issues. Fire District 12 did not invoke BRB junsdiction but did provide a comment letter and testimony requesting modification of the proposal. The Fire Distract suggested the deletion of the territory north of Scenic Dnve and the addition of the small peninsula north of Englewood. 3. The City of Yakima's Position. The City of Yakima conceded that the boundaries of the onginal proposal are irregular but asserted that they are not "abnormally irregular" to the extent of being inconsistent with the Boundary Review Board objectives The City of Yakima — Englewood Avenue Annexation — Page 4 City pointed to other existing boundaries, which it argued, are equally irregular with no service • delivery roblems. The City further P ty argued that if the Boundary Review Board is concerned about irregular boundaries, the problem should be addressed by adding territory to the annexation to eliminate the peninsulas as described above, rather than deleting territory to even the boundary as suggested by the County The City indicated that it is fully capable and ready to provide full urban level services to the annexation area, either as originally proposed or modified. The City is already providing fire service to much of the area and the police department has adequate resources to provide police protection. The streets division manger of the city Public Works Department testified that if the annexation is approved, the City will add one new staff member and will purchase additional equipment including a five yard front tilt dump truck with plow and a four by four with plow in order to serve the area. The streets manager further indicated that the City is committed to 4111 paving the 3.3 miles of unpaved roads in the annexation area under the ' City s BST Class A program m 2006 The BST Class A. program__ consists of building a base course and applying two - shots of asphalt from road edge to road edge. Curb and gutter may be added by RID The City wastewater treatment plant has capacity to serve the area and is already doing so to a significant extent. New development will be required to hook up to City sewer as will properties with failing on -site septic systems. The City pointed out that the annexation is within the Urban Growth Area and annexation has been contemplated for the areas since the execution of the 1976 Four Party Wastewater Agreement. The City further argued that either annexation alternative is consistent with the Growth Management Act. GMA encourages development m areas where adequate public facilities and services exist or can be provided m an efficient manner Further, GMA III provides that cities are the units of local government most appropriate to provide urban City of Yakima — Englewood Avenue Annexation — Page 5 governmental services. Such services are already being provided by the City to the area and are necessary in order for continued development • az'y elopment to proceed. Finally, the city argued that the County's concerns about tort liability are unfounded. The City pointed out that many streets and roads pass from unincorporated to incorporated territory The situation is hardly unique. 4. RCW 36.92.170 Factors. 4.1 Population and Territory: Population Density: Land Area and Land Uses: Comprehensive Plans and Zoning; Comprehensive Plans and Development Regulations. The population of the onginally proposed annexation is 1,603 No evidence was provided concerning population of the areas proposed for inclusion in the annexation but they contain 55 residences. There are 641 residences in the original proposal. Land uses are predominately residential but some agricultural uses also remain m the area. The area is subject to the Yakima Urban Area Co mprehensive Plan and is designated 1111 "urban" by the plan. The area is within. the City of Yalorna urban growth boundary Land use is regulated by the Yakima Urban Area Zoning Ordinance. Existing zoning consists of: SR, suburban residential, north of Englewood Avenue; R -1, single- family residential, south of Englewood Avenue; R -2, two - family residential, between North 80 Avenue and North 74 Avenue; and, R -3, multi- family residential along Summitview Avenue at North 72 Avenue and North 67 Avenue. The territory proposed for inclusion in the annexation by the City is zoned SR, suburban residential and R -1, single family residential. The land uses and population of the annexation areas demonstrate that they are being developed to urban level densities. 4.2 Applicable Service Agreements Entered Into Under Chapter 36.115 or 3934 RCW The 1976 Four Party Agreement has structured the extension of sewer service into the West Valle area. Properties Valley p rtles accounting for more than 75 percent of the total assessed valuation City of Yakuna — Englewood Avenue Annexation — Page 6 • of the ongmally proposed annexation are currently receiving sewer service from the City of Yakima. The availability of City of Yalama sewer service has fueled the significant urban level development which characterizes the annexation area. On June 1, 2004, the City of Yakima entered into the " Interlocal Agreement Between City of Yakuna and Yakima County Fire Protection Distnct No. 12 for Use and Maintenance of Fire Station Number 1" in which the City fire department and the FPD No. 12 jointly occupy and use the fire station currently owned by FPD No 12 and located at 7707 Tieton Drive, Yakima, WA. Under Section 4 of that agreement, in exchange for use of the fire station, the Yakima Fire Department provides joint fire protection and emergency services m most of the Englewood Annexation area. Because the City's fire fighters are on duty 24 hours a day, they are effectively the "first responders" to the annexation area. Accordingly, the Yakima Fire Department is already providing an urban level of fire protection and emergency services to the Englewood • Annexation. Additionally, and consistent with RCW Chapter 39.34, the City and the County share certam "mutual aid" agreements that allow the two jurisdictions to cooperate in providing police and fire services within the entire Yakuna Urban Growth Area. There are no relevant agreements entered into among the County and the City and special districts within the County pursuant to RCW Chapter 36.115 4.3 Applicable Interlocal Annexation Agreements Between the County and its Cities. In November of 2000, Yakima County and the City of Yakima entered into the "Interlocal Agreement Between the City Of Yakima and Yakima County for Growth Management Act Implementation" Subsection G of the agreement, titled "Annexation" • provides as follows 1 Development Contiguous to City Boundanes- Annexation to be Promoted. City of Yakima — Englewood Avenue Annexation — Page 7 It is the intent of the parties to promote orderly development of the city through annexation. The county agrees that it will not provide utility services to properties 1111 contiguous to city boundaries without the specific approval of the city, unless the property is an existing utility service area of the county Other paragraphs of Subsection G provide for development review, building permit issuance, code enforcement, early transfer of authority, and record transfers between the County and the City for intended annexation areas The BRB finds that the annexation will further the orderly development of the city through annexation as contemplated by the Interlocal Agreement. 4.4 Per Capita Assessed Valuation. The per capita assessed valuation of the onginal proposal is $87,933 Assessed valuation of the areas proposed for inclusion in the annexation is $24,168,450. The high per capita assessed valuation suggests that the area is relatively densely populated, valuable land and underscores the fact that the area is urban in character and appropnate for annexation. 111 4.5 Topography, Natural Boundaries and Drainage Basins, Proximity to Other Populated Areas. The annexation area slopes upward from Summitview Avenue, north to Scenic Drive. Nearly one -third of the area has slopes ranging from 6 to 8 per cent and many streets have grades exceeding 5 per cent. The area is within the Wide Hollow and Cowiche Creek drainage basins. The proposed annexation area is contiguous to other populated areas with the existing city limits of Yakima. The area's proximity to populated areas again underscores that it is urban m character and appropnate for annexation. 4.6 The Likelihood of Significant Growth In the Area and In Adjacent Incorporated and Unincorporated Areas During the Next Ten Years. As a matter of state and local governmental policy, the Urban Growth Area established pursuant to the GMA is • expected to grow and urbanize within the next twenty years. As a practical matter, the likelihood City of Yakima — Englewood Avenue Annexation — Page 8 of significant growth m the area of the proposed annexation and in the adjacent unincorporated 0 areas d the next ten e dunng n y ars is quite high. As noted above, the area is already substantially developed.. Further as indicated by the testimony of Mr Chuck Johnson, significant new developments are already proposed for the annexation area in the very near future. 4.7 Municipal Services and Effect on Other Governmental Units. The proposed annexation area is currently served by a number of municipal service providers. The current service providers and any changes which would be occasioned by the annexation are as follows: • Wastewater Service — City of Yakima sewer system or individual septic tanks. The service provider would not change as a result of the annexation. Rates and connection fees will be lowered in the annexed area. • Domestic Water - Nob Hill Water Association under a franchise granted by the City of • Yakima. Service rovider would not change hinge as a result of annexation. • Fire Service — Fire District 12 and the City of Yakima pursuant to the Interlocal Agreement referenced above. Upon annexation, fire service would be permanently provided by the City of Yakima. • Police Service — Yakima County Sheriff's Department. Upon annexation, police protection will be provided by the City of Yakima Pohce Department. • Schools - The area is currently served by the West Valley School District and would continue to be so after annexation. • Roads — Roads within the area are currently mamtamed by Yakima County Upon annexation, roads will become city streets with the responsibilities for planning and maintenance transferred to the City r City of Yakuna — Englewood Avenue Annexation — Page 9 • Transit — The City of Yakima transit system serves the annexation area with the transit route o al ng 66 Avenue south of Englewood and on S»mmitview as far west as 88 Avenue. Upon annexation, additional routes or modification of the current routes would be considered. • Library System — The Yakima Valley Regional Library system serves the area and would continue to do so after annexation. The Board finds that there is a demonstrated need for urban level governmental services of all types in the annexation area. The area requires sewer service which only the City of Yakima can provide. Annexation will reduce the cost of the sewer service to the existmg and future customers. Nob Hill Water Association already serves the area and has the capacity to accommodate future developments. Moreover, the area requires urban levels of police, fire and urban transit service. The Board finds that the City of Yakima is able to provide such services and that the annexation is consistent with the GMA mandate that the cities are the appropriate providers for p urban services. The Board agrees with the County, however, that the peninsulas and unincorporated territory contained in the original annexation proposal would result in confusing jurisdictional shifts along segments of the road system and would cause serious service delivery problems, especially in the area of public safety and road improvement and maintenance. While it would be feasible for the county to continue to provide police protection to the unincorporated peninsulas and to maintain the roads in those areas, it is by no means practical or efficient. The Board finds that modification of the onginal proposal is necessary to address the service delivery issues The Board finds that the County's arguments concernuig the effect of the annexation on adjacent unincorporated areas to the north and west are not well taken. As pointed out by the City, this area hss been in the Urban Growth Area for some time. Accordingly, annexation of • City of Yakima — Englewood Avenue Annexation — Page 10 • the area has been contemplated by both the City and the County The City is able to provide urban level services to the annexation area and there is no compelling reason for delay 4.7 The Effect of the Proposal or Alternative on Adjacent Areas, on Mutual Economic and Social Interests, and on the Local Governmental Structure of the County. The annexation will bang a developed area into the City of Yakima. As previously found, this is appropriate under GMA. The City will represent and govern residents and property owners whose lives are essentially domed in a community that is already centered around the City of Yakima. 4.8 Modification of the Proposed Annexation/RCW 36.93.180 Objectives. The Board finds based upon consideration of all of the evidence presented and the factors set forth above, that modification of the proposal is necessary in order to further the statutory goals of creation and preservation of logical service areas, prevention of abnormally irregular boundaries • and annexation of areas which bl h are urban in character The Board finds that the two "peninsulas" discussed above should be included within the annexation area. These two areas are largely developed to urban residential densities already and are indistinguishable from surrounding properties. Their exclusion would leave short sections of streets within county jurisdiction for road maintenance and law enforcement purposes. The logical boundary for the annexation includes the two peninsulas in order to create a logical service area. The Board further finds that the annexation, as modified, furthers the statutory goal of prevention of abnormally irregular boundanes. The Board finds that the ongmal proposal was abnormally irregular and required modification. The annexation, as modified, likewise furthers the statutory goal of annexation to cities of unincorporated areas which are urban m character a As noted above, the area is indistinguishable from developed areas of the existing City of Yakima. City of Yakima — Englewood Avenue Annexation — Page 11 DECISION The a City of Yakima proposed Englewood Annexation is hereby modified as illustrated in the exact attached exhibit. As modified, the annexation is approved. Done thisday of April 2005 WASHINGTON STATE BOUNDARY REVIEW BOARD FOR YAKIMA COUNTY Osono, M ber Elaine Snow, Member ATthST Clerk of the Board em Cyr City of Yakima — Englewood Avenue Annexation — Page 12 , , 7 „ :„.• .........„ „ lit ,, o 7 . Y MA 5 4s OE AKI OORP I NF• •IGEa : Englewood i 41 ,/,110115 Annexation '. ili � ,,, d !Min 1 :■ i I �r m ■, ip t er r i 1 4 i► ■ I nill ■ 5 11 mom .� iUh 1, k11 - . 1A a - :t D Annexatio il Ell tilliik 1 ' ' f o - c� I ii��ll � A i� 111' rifirsliP Iuu V g' 4 lip II 0 411. ■� iiiii701 ■ ■I /fi : ■ ■fib ■'�0'� ■j�■ ■■ !1! ■ ■■ems -- iiii ,..� v war, • i ii ■ � �� r I.�_.■ als v _4 4` •,;.. • .IL / wa■ �.. �.�..,� 7•� t► UlJUI1 I � � t B �r� i■ ■ I� was �� .. � iewmont PI 1 . / v 1`. v*--- • I 0 —.� B ■■■ ; .i ...z 110 1 � li $ . I ■�..� � '• I i�Ir111 � rf�11 1 11 ] �/ �� / ►'' M � . ■ . ■■ , I � a) ■— � . ■� 1 r * :lrr g �� - ) l.t_u LI411 -- .1.4 4011.01;_. - .. 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L � .'. 1 O Tharefe,Ihera are ,w arranties (m thic . nll■1/ I� — ■ ,..■ P- 1■ � . -.-- -- - ,�iabiii,Y 11i1t OEM at. _ — Pbl dale: Apr 15, 2005; m City of Yakima New Release Subject. Englewood Annexation Approved Contact CED Director Bill Cook — 575 -6113 Assistant City Attorney Paul McMurray — 575 -6030 Release Date Friday, April 1 2005 Boundary Review Board Gives Go -Ahead To "Englewood Annexation" Today, the Washington State Boundary Review Board for Yakima County voted to approve an annexation that would add about 1600 people and about one square mile to the City The board will issue its formal written decision on April 15 The "Englewood Annexation" will then be voted on by the Yakima City Council With the addition of the residents of the "Englewood Annexation," the City's population would pass the 80,000 mark. City of Yakima staff, Yakima County staff and residents of the annexation area spent the morning and early afternoon today laying out the potential effects of adding the property to the City The annexation area is bordered by Summitview Avenue to the south, Scenic Drive and Englewood Avenue to the north, 66 Avenue to the east, and 84 Avenue to the west. The board voted 2 -1 to accept a modified version of the City's original proposal in order to avoid creating " abnormally irregular boundaries " The modified proposal slightly expanded the boundaries of the original annexation area "The area within the 'Englewood Annexation' is rapidly developing and needs the higher levels of services that the City can provide," said City Community and Economic Development Director Bill Cook. "With all of the past and future growth going on there, now is the right time for that area to become part of the City," said Cook. The City already provides some urban services to much of the annexation area City sewer lines have been extended into the area and as the septic systems of older homes failed or new homes were built, those homes have been connected to the City's sewer system The Yakima Fire Department has been providing fire protection services to much of the annexation area under an agreement with the West Valley Fire District. Once annexed, the full compliment of City services will be available to the area's residents. "Annexations benefit the entire community," said Cook. "Annexations provide a way for us all to participate in creating a strong, economically healthy Yakima. A strong central City contributes to a strong region This annexation helps us take another step toward meeting that goal," said Cook. - end -