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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 • 0 Ce�IC 7 Ridges Annexation - - - City Limits PIRI" Annexation Area 1 ' ' a i ......_, I_ z 0 w my 4 10■P' . ........ ,-----_, er ,, L ,.., 0 .....) ,4 . iiiiii , iik. / .#1 0 11 1 1 1, , .. V 01._ .., \ E ma i....... I MIN.: . , . . • E N - . • • • ,WM Mil 2 w n u G L � , n n 11 0 L � R 1-- >\ mo\ D O 11 n n 11 R L A S D 0 ¢ Z r e , 1 , • v 0 N e Z z cl t \ _ , k m S Scale - 1in = 400ft I " i 1 1 1 0 200 400 sanicndpa Created: January 05, 2001 f f 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 • 1111111111111111 0111 7205416 Page. 5 of 7 83/01/21391 03:28P r ITV nr V -VT MG r ! . , C) 0 C 5 r 0 SG* ma 01) 0 C rr,,,•• # 0 •..• 0 li 1: p••.0,• -.4 0 .'". , 0 cZ CU 9.; 0 1 0%4) : z ..1 ;..<, 4 0i . --,--.. 4 ?..—, g• z , /.g.,,,•,.....- ul Z., 1 1 _ ■ A i ,. I ____-___ 1 .-- - .- I - . - I 1 _ _ 1 , I ---1 \ -- '.‘ I , _ I . •,1k 1 • ,------ , t , . I I 3 A 4100 II: • , : • • _ _ . . . _ I i .„,. , ...— - I I 1 _ _ 1 \ 1 , _ _ . tc 1 r 1 _ . d . 1-1 1 0 N "- - 'I- I': I • -"C I . L.- 1 t , 1,,,_ -------- ,.._,,-.. - \ 1 • '-, / 1 1 _ • -' \ `- , 1 4 . 1 / ■„•\ ! 1 '1. ,r,,, / 1 • 1 •d• ( ii, I ____ ' ik i I \ a •• I I , \ i' '■ 7 —4, ' I 1 --- ___, , 0 I 1 I 1, 3 • • • II. I 'I 'l. I • 1 r,,r 1 f------------- / — ' r ld M3 •., ..CIANV.11 I I I I , 1 1 i , d . 1 / -___ _, [ ' L ______! • , ---; „ • i . , . 1 1 i . , i . _ . .. . I.- I I , , , z l Y I CI / I . L I . I I P __ , • i 1 1 I Y (I ti E 0 IN • r — I I I ---- - --!' ! 1 1 I g+ . EXHIBIT "A" . . . . . . . . . . , II II ll I I II I II I II II II ll 17 @ a 3 2 e 9 1 5 /2 46 0:1 5 f33 7 28P 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 Page: 7 of 03/01/2001 037 : 28P