HomeMy WebLinkAbout09/02/2008 06 Menzia Annexation, Located at 9203 Coolidge Road - Public Hearing BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
III AGENDA STATEMENT
7
Item No. 6
For Meeting Of: September 2, 2008
ITEM TITLE: Public Hearing and Consideration of an Ordinance approving the Menzia Annexation
,located at 9203 Coolidge Road
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SUBMITTED BY: William R. Cook, Director of Community Economic Development
CONTACT PERSON/TELEPHONE: Jeff Peters, Assistant Planner, 575 -6163
SUMMARY EXPLANATION:
In completing its Menzia Annexation the City of Yakima has utilized A signed petition which represent
100% of the total assessed value of the proposed annexation area. The annexation as proposed
consist of one tax parcels which currently have a total assessed valuation of $170,900. The area
proposed for annexation is approximately 2.29 acres in size and has an estimated population of two
people.
Currently all necessary utility services are available to this site and given its small size and location
this annexation will not create a need for additional staffing.
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
III 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 2010.
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: `- 'C
City Manager
STAFF RECOMMENDATION: Accept Petition No 08 -03 for The Menzia Annexation and pass the
ordinance.
BOARD RECOMMENDATION: Yakima County Boundary Review Board formally adopted their written
finding approving the annexation on August 6, 2008.
COUNCIL ACTION:
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ORDINANCE NO. 2008 -
AN ORDINANCE concerning annexation; annexing the Menzia Annexation area to the
City of Yakima; 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; assumption of the City's current
indebtedness by properties in the Menzia Annexation area; and an
effective date of October 5, 2008.
WHEREAS, proceedings have been held in accordance with all applicable laws for the
annexation to the City of Yakima of the Menzia Annexation hereinafter described; and
WHEREAS, the City duly filed a notice of intention with the state Boundary Review Board
for Yakima County (BRB) for the Menzia Annexation, and this matter was approved by the
Board on August 6, 2008 pursuant to the provisions of RCW 36.93.150; and
WHEREAS, garbage and refuse collection within the Menzia 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 Menzia Annexation area, a franchise to continue such service to residential
properties within the Menzia Annexation area for a term of not less than seven years after
annexation becomes effective. Such franchise does not apply to garbage and refuse generated
by commercial establishments because the City does not provide or contract for such service.
The City understands that collection and disposal services to all commercial accounts within
the City is now subject to and shall remain under the authority of the WUTC and that,
pursuant to state law, Yakima Waste Systems, Inc., shall, under its WUTC authority, continue
to provide garbage and refuse collection and disposal services to all commercial accounts
within the City, including such accounts in the Menzia 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 Menzia
Annexation area; and
WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said
annexation on September 2, 2008 and, as a result thereof, finds:
1. The annexation requirements of RCW 35.13.120 have been satisfied through a
annexation petition signed by the owners of not Tess than seventy -five percent in value
according to the assessed valuation for general taxation of the Menzia Annexation
area.
2. The Menzia Annexation area should be annexed to the City of Yakima.
3.. The Menzia 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 the Menzia Annexation area should be
required to assume existing indebtedness 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 in Exhibit "B ", attached hereto and incorporated by reference herein, referred to
below as the "Menzia Annexation," is hereby annexed to the City of Yakima, Washington.
Section 2. The owners of the real property within the Menzia Annexation area shall be
required to assume existing indebtedness of the City of Yakima.
Section 3. The Menzia 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 Menzia 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 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 Menzia 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 Menzia Annexation, to the Yakima County Treasurer and
Assessor at least thirty days before the effective date of the annexation.
Section 7. There is hereby granted to Yakima Waste Systems, Inc., in accordance with
and for the term provided by RCW 35.13.280, an exclusive franchise to provide garbage and
refuse collection and disposal service to residential properties within the Menzia 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 Metz
Annexation area.
Section 8. This ordinance shall be in full force and effect thirty days after its passage,
approval and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
2nd day of September , 2008.
David Edler, Mayor
ATTEST:
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City Clerk
Publication Date:
Effective Date:
Section 7 above is accepted by Franchisee this day
of , 2008.
Yakima Waste Systems, Inc.
By:
Signer's Name Printed:
Signer's Title:
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LEGAL DESCRIPTION FOR THE
METZ ANNEXATION
ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 24, TOWNSHIP 13 NORTH, RANGE 17 EAST, W.M. BEING
FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CORPORATE BOUNDARY OF THE CITY OF
YAKIMA, SAID POINT BEING THE SOUTHEAST CORNER OF LOT 2 OF THAT
CERTAIN SHORT PLAT RECORDED UNDER YAKIMA COUNTY AUDITOR'S FILE
NO 7538609; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 2 TO
THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTHERLY FOLLOWING
ALONG THE WEST LINE OF SAID LOT 2 TO THE NORTHWEST CORNER
THEREOF; THENCE EASTERLY ALONG THE NORTH LINE OF LOTS 2 AND 1 OF
SAID SHORT PLAT TO THE NORTHEAST CORNER OF SAID SHORT PLAT, SAID
CORNER BEING ON THE CORPORATE BOUNDARY OF THE CITY OF YAKIMA;
THENCE CONTINUING SOUTHERLY ALONG THE EAST LINE OF SAID SHORT
PLAT AND THE CORPORATE BOUNDARIES OF THE CITY OF YAKIMA TO THE
POINT OF BEGINNING.
YAKIMA COUNTY PUBLIC WORKS DEPARTMENT
CHECKED FOR ACCURACY OF
LEGAL DEDESCRIPTION ONLY:
' L. MCHENR ,
TRANSPORTATION ENGINEERI MANAGER