HomeMy WebLinkAbout05/18/2010 06 Shewmaker Annexation - Public Hearing • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: May 18, 2010
ITEM TITLE: Public Hearing and consideration of an Ordinance approving the Shewmaker
annexation
SUBMITTED BY: Michael A. Morales, Director of Community Economic Development
CONTACT PERSON /TELEPHONE: Bruce Benson, Supervising Planner, 575 -6042
SUMMARY EXPLANATION:
In completing the Shewmaker Annexation the City of Yakima has utilized an owner signed
petition representing all of the area's assessed value. This annexation consists of one tax
parcel (see map) with a 2010 assessed valuation of $80,800. The proposed annexation is
approximately 2.91 acres in size and has an estimated population of two.
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 60% 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, that the comprehensive plan designation
will be Low Density Residential and that the zoning classification of the proposed annexation
area will be R -1, Single- Family Residential. The city will not receive property taxes from this
area until 2011 but will receive distributions of the county road tax in 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:���
City Manager
STAFF RECOMMENDATION: Accept Petition No 09 -07 for the Shewmaker Annexation and
adopt the ordinance.
BOARD R _ ECOMMENDATION: The Yakima County Boundary Review Board was not
requested to hold a public hearing; consequently, this annexation was deemed approved on
March 3, 2010.
• COUNCIL ACTION:
•
ORDINANCE NO. 2010 -
AN ORDINANCE concerning annexation; annexing the Shewmaker 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 Shewmaker
Annexation area; and an effective date of June 20, 2010
WHEREAS, proceedings have been held in accordance with all applicable laws for
the annexation to the City of Yakima of the Shewmaker 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 Shewmaker Annexation. No request was
submitted invoking BRB jurisdiction, therefore on March 3, 2010 the Shewmaker
Annexation was deemed approved by the Board; and
WHEREAS, garbage and refuse collection within the Shewmaker Annexation area
is presently being provided by Yakima Waste Systems, Inc., under authority issued by the
ii• 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 Shewmaker Annexation area, a franchise to continue such
service to residential properties within the Shewmaker 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 Shewmaker 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 8.1.77.020, and subject to the
provisions of RCW 35.13.280, to provide residential refuse collection and disposal service
to the Shewmaker Annexation area; and
WHEREAS, pursuant to due and legal notice, the City Council held a public
hearing on said annexation on May 18, 2010 and, as a result thereof, finds:
1. The annexation petition requirements of RCW 35.13.120 have been
satisfied in that the owners of not less than sixty percent in value, according to the
0
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assessed valuation for general taxation of the Shewmaker Annexation area, have
signed the petition.
2. The Shewmaker Annexation area should be annexed to the City of Yakima.
3. The Comprehensive Plan designation for Shewmaker Annexation area
should be changed to Low Density Residential, to conform to the Yakima
Urban Area Comprehensive Plan, the General Plan of the City of Yakima
and the zoning should be changed to R -1, Single- Family Residential to
conform to the Yakima Urban Area Zoning Ordinance.
4. The owners of the real property within the Shewmaker Annexation area
should be required to assume their pro rata share of the 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 "Shewmaker Annexation," is hereby annexed to the City of
Yakima, Washington.
Section 2. The owners of the real property within the Shewmaker Annexation area
shall be required to assume existing indebtedness of the City of Yakima.
Section 3. The Urban Area Comprehensive Plan designation for the Shewmaker
Annexation area is hereby changed to Low Density Residential
Section 4. The next regularly amended Zoning District Map prepared by and for the
City of Yakima shall show the Shewmaker Annexation zoned and classified R -1, Single -
Family Residential.
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 Shewmaker
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 Shewmaker 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
Shewmaker 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
411,
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 Shewmaker
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
18 day of May, 2010.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date:
• Effective Date:
Section 6. above is accepted by Franchisee this day of , 2010.
Yakima Waste Systems, Inc.
By:
Signer's Name Printed:
Signer's Title:
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showmaker Created: December 02, 2009
LEGAL DESCRIPTION FOR THE
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SHEWMAKER ANNEXATION
All that portion of the southwest quarter of the northeast quarter of Section 5, Township
12 North, Range 18 East, W.M. being further described as follows: Beginning at a point
on the city limits of the City of Yakima, said point being the northwest corner of Lot 2 of
short plat recorded under Yakima County Auditor's File Number 7141841, thence
southerly along the west line of said short plat to the point of intersection with the south
right -of -way line of Ahtanum Road; thence westerly following along said right -of -way
line to the point of intersection with the west right -of -way line of South 64 Avenue;
thence northerly following along said west right -of -way line to a point South 89° 44' 30"
West of the point of beginning; thence North 89° 44' 30" East to the point of beginning.
Yakima County Public Works Department
checked for accuracy of legal description only:
w ent L. McHenry, ' .E.
Transportation Engineering anager.
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