HomeMy WebLinkAbout2001-002 Scenic Ridge Annexation ,i.
III ORDINANCE NO. 2001 - 0 2
AN ORDINANCE concerning annexation; enacting the Scenic Ridge Annexation as
approved by the BRB; maintaining the current zoning of the
area; providing for notice to the WUTC of the City's intent to
provide residential refuse collection and disposal service and for
assumption of the City's current indebtedness by properties in
the Scenic Ridge Annexation as approved by the BRB.
WHEREAS, proceedings have been held in accordance with all applicable laws for
the annexation to the City of Yakima of the Scenic Ridge Annexation hereinafter
described, and
WHEREAS, on June 6, 2000, the City duly filed a notice of intention with the
Washington State Boundary Review Board for Yakima County (BRB) for the Scenic
Ridge Annexation as it was initiated by the Yakima City Council; and
WHEREAS, Yakima County requested BRB review, with a recommendation that the
annexation as proposed by the City be modified to include 4 parcels nearby; and
WHEREAS, on January 3, 2001, the BRB conducted a public hearing as part of its
review of the Scenic Ridge Annexation as proposed by the City and in consideration
of the County's recommendation that the annexation as proposed by the City be
0 modified to include 4 parcels nearby; and
WHEREAS, after hearing the statements of the City, the County, and other
interested persons, and considering other matters of record, the BRB, upon
unanimous vote, approved the Scenic Ridge Annexation modified pursuant to its
statutory powers to include the additional four parcels as recommended by the
County; and
WHEREAS, RCW 36.93.155 provides that the City is only authorized to enact the
annexation as approved by the BRB; and •
WHEREAS, garbage and refuse collection within the Scenic Ridge. 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 Scenic Ridge Annexation area, a franchise to continue
such service to residential properties within Scenic Ridge 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
0 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
SCENIC RIDGE ANNEXATION ORDINANCE • Page 1 of 4
r �
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 Scenic Ridge Annexation;
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
Scenic Ridge Annexation area; and
WHEREAS, pursuant to due and legal notice, the City Council held a public hearing
on said annexation on January 16, 2001, and, as a result thereof, finds:
1. The requirements of chapter 35.13 RCW have been satisfied.
2. The Scenic Ridge Annexation area should be annexed to the City of
Yakima.
3. The Scenic Ridge Annexation area 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.
4. The owners of the real property within Scenic Ridge Annexation area
should be required to assume existing indebtedness of the City of Yakima.
WHEREAS, it is in the best interests of the City of Yakima to complete the Scenic
Ridge annexation as it was approved by the BRB, 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 in Exhibit "B ", attached hereto and incorporated by reference
herein, referred to below as the "Scenic Ridge Annexation," is hereby annexed to the
City of Yakima, Washington
Section 2. The owners of the real property within the Scenic Ridge Annexation
area shall be required to assume existing indebtedness of the City of Yakima.
Section 3. The Scenic Ridge 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 4. The next regularly amended Zoning District Map prepared by and for
the City of Yakima shall show the Scenic Ridge Annexation zoned and classified
without char - 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
SCENIC RIDGE ANNEXATION ORDINANCE Page 2 of 4
• County Commissioner of Yakima
ty s 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 Scenic Ridge 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 Scenic Ridge 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
Scenic Ridge 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 Scenic Ridge Annexation area.
Section 8. This ordinance shall be in full force and effect February 27, 2001.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved
this `(P of . January, 2001.
Mary e, Mayor
ATTEST:
9
City Clerk
Publication Date: HI 9 --g-co
f
Effective Date: February 27, 2001
C: \word \annexation \the ridge at scenic drive \annex ord eff 2- 27.doc Last printed 01/11/01 1:47 PM
111
SCENIC RIDGE ANNEXATION ORDINANCE Page 3 of 4
Section 7 above is accepted by Franchisee this/ day of ��,�e , 2001.
0
Yakima Waste Systems, Inc.
By: , �;.�
Signer's Name Printed: , o�
Signer's Title:
0
SCENIC RIDGE ANNEXATION ORDINANCE Page 4 of 4
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: January 16, 2001
ITEM TITLE: Public Hearing and consideration of proposed ordinance providing for the
Scenic Ridge Annexation as approved by the Boundary Review Board.
SUBMITTED BY: William R. Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner, 575 -6042
SUMMARY EXPLANATION: The Scenic Ridge Annexation was initiated by the City
Council on June 6, 2000. The City duly notified the Boundary Review Board (BRB).
Yakima County requested BRB review, and recommended that the annexation proposed
by the City be modified to include four parcels nearby. The BRB conducted a public
hearing on the City's proposed annexation and, following the County's recommendation,
added the four parcels. RCW 36.93.155 provides that the City is only authorized to enact
the annexation as approved by the BRB.
The total assessed value (AV) of the approved annexation area is $6,392,773. The City
currently holds OUAs that account for 81 % of the AV of the approved annexation, which
consists of 46 tax parcels comprising approximately 25 acres, all zoned R -1, Single Family
Residential under the City and County's common Urban Area Zoning Ordinance.
Given the BRB's decision and the fact that other statutory requirements are satisfied, it is
timely for the City Council to hold a public hearing to consider approval or disapproval of
the Scenic Ridge Annexation as approved by the BRB.
The proposed annexation ordinance provides that the annexed area shall assume its
portion of the city's indebtedness, and that the zoning classification of the area remain
unchanged. Since the BRB is scheduled to adopt its written decision on January 23, the
effective date of the proposed ordinance is February 27, 2001, more than 30 days later.
This effective date will operate relative to the annual March 1 record date for taxing district
boundaries so that the area will be within the City for tax year 2002.
Resolution Ordinance X Contract Other (Specify)
Funding Source: NA
APPROVED FOR SUBMITTAL: :`d_ �� WAK._
City Manager
STAFF RECOMMENDATION: Conduct the public hearing and pass the ordinance.
BOARD /COMMISSION RECOMMENDATION: BRB modified and approved the
annexation on January 3, 2001.
COUNCIL ACTION:
•
•
January 14, 2001
TO: Yakima City Council
FROM: Michael and Diane Murphy
6008 Scenic Drive
Yakima, Washington 98908
Dear Sirs and Madam, •
Yakima County wishes to abandon the maintenance of Scenic Drive east of 66 Avenue.
The County petitioned for the City of Yakima to take possession of this segment of
roadway and four parcels of property with no outside utility agreement with the City, at
the same time as the Annexation of the "Scenic Ridge" development. These points where
expressed at a Boundary Review Board hearing on January 3, 2001(BRB 00 -1).
We petition the City of Yakima to reject the annexation of our property.
The Boundary review Board failed to react to issues raised about the public welfare but
rather spoke to issues like "natural neighborhoods ". The Board felt that a guarded,
gated, unoccupied and walled community (Scenic Ridge) is a natural neighbor to those
properties outside the wall. They seemed to determine neighborly intent in a capricious
manner like the chad counters in Florida.
Our concern has always been over road maintenance in the winter. We have never
experienced a disruption of service because the County has always cleared the road of
snow. This was true even in the winter of 1996.. On November 19, 1996, the day after
the huge snowfall Scenic Drive was bare and black. City roads where not driveable.
Living on a hill we have a need for snow removal so that fire, police, and emergency
services can be provided. This is not to mention the need for mail, garbage, newspaper,
cable, utility and other support services. To date there has not been a problem. If the
City of Yakima assumes the service obligation of our road then they have a duty to insure
• the ability of the above services to be provided.
Your attention to this matter will be appreciated.
Yours truly,
e()`
Michael and Diane Murphy
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: Ordinance No. 2001 -02
(Scenic Ridge Annexation) •
Grantor: City of Yakima
Grantee: Public
Abbreviated Legal Description: That portion of the Southwest Quarter of
Section 16, Township 13 North, Range 18 East, W.M.;
as fully described in Exhibit `B ".
Parcel Numbers:
181316- 33403, 181316- 34411, 181316- 34412, 181316 - 34410, 181316 - 34469,
181316- 34505, 181316- 34499, 181316- 34498, 181316- 34497, 181316- 34496,
181316- 34495, 181316- 34494, 181316- 34493, 181316- 34488, 181316- 34489,
181316 - 34490, 181316 - 34491, 181316- 34492, 181316- 34500, 181316- 34501,
181316- 34502, 181316- 34503, 181316 - 34504, 181316- 34506, 181316 - 34507,
181316- 34508, 181316- 34509, 181316- 34510, 181316- 34436, 181316 - 34471,
181316- 34472, 181316 - 34473, 181316 - 34474, 181316 - 34475, 181316- 34476,
181316- 34477, 181316 - 34478, 181316- 34479, 181316- 34480, 181316- 34481,
181316- 34482, 181316- 34483, 181316- 34484. 181316 - 34485, 181316- 34486,
181316 -34487
7205416
Page: 1 of
03/6112001 03 : 28P
ORDINANCE NO. 2001- 0 2
AN ORDINANCE concerning annexation; enacting the Scenic Ridge Annexation as
approved by the BRB; maintaining the current zoning of the
area; providing for notice to the WUTC of the City's intent to
provide residential refuse collection and disposal service and for
assumption of the City's current indebtedness by properties in
the Scenic Ridge Annexation as approved by the BRB.
WHEREAS, proceedings have been held in accordance with all applicable laws for
the annexation to the City of Yakima of the Scenic Ridge Annexation hereinafter
described, and
WHEREAS, on June 6, 2000, the City duly filed a notice of intention with the
Washington State Boundary Review Board for Yakima County (BRB) for the Scenic
Ridge Annexation as it was initiated by the Yakima City Council; and
WHEREAS, Yakima County requested BRB review, with a recommendation that the
annexation as proposed by the City be modified to include 4 parcels nearby; and
WHEREAS, on January 3, 2001, the BRB conducted a public hearing as part of its
review of the Scenic Ridge Annexation as proposed by the City and in consideration
of the County's recommendation that the annexation as proposed by the City be
modified to include 4 parcels nearby; and
WHEREAS, after hearing the statements of the City, the County, and other
interested persons, and considering other matters of record, the BRB, upon
unanimous vote, approved the Scenic Ridge Annexation modified pursuant to its
statutory powers to include the additional four parcels as recommended by the
County; and
WHEREAS, RCW 36.93.155 provides that the City is only authorized to enact the
annexation as approved by the BRB; and
WHEREAS, garbage and refuse collection within the Scenic Ridge 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 Scenic Ridge Annexation area, a franchise to continue
such service to residential properties within Scenic Ridge 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
SCENIC RIDGE ANNEXATION ORDINANCE Page 1 of 4
0 1011111111111111111 7205416
Page: 2 of 7
0310112001 03:28P
..., MP UGIVTMO npo $14.00 Yakima Co, WA
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 Scenic Ridge Annexation;
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
Scenic Ridge Annexation area; and
WHEREAS, pursuant to due and legal notice, the City Council held a public hearing
on said annexation on January 16, 2001, and, as a result thereof, finds:
1. The requirements of chapter 35.13 RCW have been satisfied.
2. The Scenic Ridge Annexation area should be annexed to the City of
Yakima.
3. The Scenic Ridge Annexation area 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.
4. The owners of the real property within Scenic Ridge Annexation area
should be required to assume existing indebtedness of the City of Yakima.
WHEREAS, it is in the best interests of the City of Yakima to complete the Scenic
Ridge annexation as it was approved by the BRB, 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 in Exhibit "B ", attached hereto and incorporated by reference
herein, referred to below as the "Scenic Ridge Annexation," is hereby annexed to the
City of Yakima, Washington
Section 2. The owners of the real property within the Scenic Ridge Annexation
area shall be required to assume existing indebtedness of the City of Yakima.
Section 3. The Scenic Ridge 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 4. The next regularly amended Zoning District Map prepared by and for
the City of Yakima shall show the Scenic Ridge Annexation zoned and classified
without char .,ze of zoning district but within the jurisdiction of the City of Yakima.
Section 5. i'he 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
SCENIC RIDGE ANNEXATION ORDINANCE Page 2 of 4
111 II IIII III 11 111 746
Page 3 1 of
03/0 03 7 :282
_ Ann nn YmVinz rn, UR
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 Scenic Ridge 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 Scenic Ridge 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
Scenic Ridge 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
3115) 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 Scenic Ridge Annexation area.
Section 8. This ordinance shall be in full force and effect February 27, 2001.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved
this /(jday of January, 2001.
�� ✓ ✓✓ 7 /
Mary ce, Mayor
ATTEST: l
City Clerk
Publication Date: I 9-00 1
Effective Date: February 27, 2001
C:\ word \ annexation \ the ridge at scenic chive \annex ord eff 2- 27.doc Last printed 01/11/01 1:47 PM
SCENIC RIDGE ANNEXATION ORDINANCE Page 3 of 4
II II 7205416
Page. 4 of 7
03/01/2801 03.28P
CITY OF YAKIMA ORD $1410) Yakima Co, WA
•
•
Section 7 above is accepted by Franchisee this _ day of , 2001.
Yakima Waste Systems, Inc.
•
•
By:
Signer's Name Printed: •
Signer's Title:
•
•
•
Certified to be a tree and correct copy of the
original filed is my office. 5-- /-3
CITY CLERK
B A lrJ.pu
•
•
•
•
, mot:.•....."
SCENIC RIDGE ANNEXATION ORDINANCE Page 4 of 4
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EXHIBIT "A"
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AOW" AM .AUVUM ?Inn A.I A 60 V.I.:h., rs" tio .
LEGAL DESCRIPTION FOR THE
SCENIC RIDGE ANNEXATION
(As amended by the Yakima County Boundary Review Board)
All that part of the Southwest Quarter of Section 16, Township 13 North, Range 18 East, W.M.,
described as follows:
Beginning at the point of intersection of the East line of the West Half of Lot 52, State
Addition to the City of North Yakima No. 2 (now Yakima), as recorded in Volume F of
Plats, page 11, records of Yakima County, Washington, extended Northerly and the
North right -of -way line of Scenic Drive; thence Southerly along the East line of the West
Half of said Lot 52 to the centerline of the abandoned Yakima - Tieton LY canal right -of-
way; thence Northerly and Easterly following said canal right -of -way centerline to the
point of intersection with the West line of Lot 13 of the Plat of Scenic Ridge, as recorded
in Yakima County, Washington under auditor's File No. 7133684; thence Southerly
along the West line of Lots 13 and 12 of said Plat and said West line extended Southerly
to intersect with the centerline of Englewood Avenue; thence Easterly along said
centerline of Englewood Avenue to the point of intersection with the East line of Lot 7 of
said Plat of Scenic Ridge; thence North 00 °43'04 ".East along the East line of said Plat of
Scenic Ridge to the point of intersection with the centerline of the abandoned Yakima -
Tieton LY canal right -of -way; thence Northerly and Easterly along said centerline to the
point of intersection with the West right -of -way line of North 58 Avenue; thence
Northerly along said Westerly right-of-way line to a point 44.00 feet North of the
Southeast corner of Lot 3, Scenic View Terrace, as recorded in Volume R of Plats, page
28, records of Yakima County, Washington; thence Westerly parallel with the South line
of said Lot 3 to a point on the West line of Scenic View Terrace, said point also being on
the East line of Lot 35 of said Plat of Scenic Ridge; thence Northerly along the East line
of said Lot 35 to the most Northerly point of said Lot 35; thence Southwesterly along the
Northwesterly line of said Lot 35 a distance of 104 feet; thence North 0 °42' West to a
point on the North right -of -way line of Scenic Drive; thence Southwesterly, Northerly
and Southwesterly along said North right -of -way line to the point of the beginning.
YAKIMA COUNTY PUBLIC WORKS DEPARTMENT
Checked for Accuracy of
Legal Description Only:
�•___-- s'' 1 -1? - 2-0 C /
t Jack
M. Aquino, SR/
fight f -Way Manager
EXHIBIT "B"
1111111111111111 II 7205416
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03/01/2001 037 : 28P