HomeMy WebLinkAboutOrdinance 5883 02/17/1998
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ORDINANCE NO. 5883
AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY LOCATED IN
NORTH SPRINGFIELD, EAST OF CARRIAGE PLACE, WEST OF NORTH 19TH
STREET, SOUTH OF RAMBLING DRIVE ( T17S R03W S34 MAP 25 TAX LOT
11200); HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE
RAINBOW WATER DISTRICT.
WHEREAS, certain real property described below was annexed to the City of
Springfield by order of Lane County Local Government Boundary Commission under Boundary
Commission Final Order Number C SP 95 - 23 and further described in Exhibit A & B, and
WHEREAS, the property to be withdrawn is located within the boundaries of the
Rainbow Water District, and
WHEREAS, the City of Springfield City Council held a public hearing in the Springfield
City Council Chambers on February 2, 1998 in accordance with ORS 222.524, for the
purpose of hearing any objections to the withdrawal of the property mentioned from the
public service district mentioned and there having been no objections raised.
NOW THEREFORE THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1: The Council of the City of Springfield does hereby determine that the real
property described should be in the best interest of the City of Springfield withdrawn from
the Rainbow Water District in Lane County, Oregon, insofar as the property is located therein.
Section 2: The Common Council of the City of Springfield does hereby determine that
the following described real property within the boundaries of the Rainbow Water District are
and shall be upon the effective date of this ordinance withdrawn from the Rainbow Water
District in Lane County, Oregon, said property being described as follows:
Township 17 South, Range 03 West, Section34, Map 25, Tax Lot 11200; as more
particularly described in Exhibit A of Attachment 2 of this ordinance, Boundary Commission
Final Order No.C SP 95 - 23.
ADOPTED by the Common Council of the City of Springfield thisl7th day of February,
1998, by a vote of ~ for and ~ against. -
APPROVED by the Mayor of the City of Springfield this 17th day of February 1998.
e;Pl!L~
Ma or
ATTEST: ~, Wll ~
City Recoraer
REVIEWED & APPROVED
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DATE: \ J ~., \ ~ r
OFFICE o'F CITY ATTORNEY
May 19, 1995
Gregor
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LANE COUNT
LOCAL
. GOVERNMEN
BOUNDARY
COMMISSIOI'
Ms. Eileen Stein, Recorder
City of Springfield
255 N. 5th Street.
Springfield, Oregon 97477
Dear Ms. Stein:
The enclosed final order has been enacted by the Lane COUIity Local Government Boundary.
Commission and is forwarded in conformance with ORS 199.505. Please note that the
effective date of this annexation is January 2, 1998.
Final Order 1030 (C SP 95 - 23) annexing territory to the City of Springfield
(Carriage Place Subdivision)
Please acknowledge receipt of this final order.
Sincerely,
?;~Cr~
Steven C. Gordon
Executive Officer
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SCG:cie
Enclosure
cc: Rainbow Water District
Wally Miller and Douglas Miller
a: LCBC: P:IBCIFOLIPHll9951CSP9523.FOL
Last Sav~d: May 18. 1995
ATTACHMENT 2 - I
125 East 8th Avenue
North Plaza Level, PSB
Eugene, OR 97401-6807
(503) 687-4425
FAX (503) 687-4099
P13100
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LANE COUNTY LOCAL GOVERNMENT' BOUNDARY COMMISSION
FINAL ORDER 1030
(File C SP 95 - 23
( In' the Matter of Annexing the
( Following Described Territory
( To the City of Springfield
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Approved: February 2, 1995
Effective: January 2, 1998
- Legal Description Attached as Exhibit A -
WHEREAS, Resolution 94-80 of the City of Springfield was filed -on January 3, 1995,
for annexation of the territory described in attached Exhibit A and shown on attached map
Exhibit B to the City of Springfield, in accordance with ORS 199.490(2)(B); and,
WHEREAS, the commission duly published notice of public hearing in accordance
with ORS 199.463 and in accordance with the rules of the commission and ORS 199.452(1),
conducted a public hearing on February 2,1995; and,
WHEREAS, on the basis of the study of the proposal, which considered economic,
demographic, and sociological trends and physical development of the land, and or the public
hearing, the commission approved the proposal and made the findings and reasons attached as
Exhibit C.
. ' NOW THEREFORE IT IS ORDERED: That the area described be a part of the City
of Springfield.
ORDERED BY THE LANE COUNTY LOCAL GOVERNMENT BOUNDARY
COMMISSION THIS 2ND DAY OF FEBRUARY, 1995.
~~\ ~A
,John Lively, Chair \
z-lZ-\c;s
Date
NOTE: The territory is within the Rainbow Water District and will remain in the district until
after the effective date of the annexation, when it will be withdrawn through separate
proceedings by the City of Springfield in accordance with ORS 222.
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Upon the effective date of the annexation, in accordance with ORS 199.51O(2)(c), the above
described territory is hereby a part of the !,.ane County Metropolitan Wastewater Service
District, a county service district organized under ORS 451, which is part of the City of
Springfield.
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EXHIBIT A
Beg at a found 2 in iron pipe marking the initial pt of the Third Addition to Rambling Acres,
book 36, page 21, LCOPR and also marking the initial pt of the Carriage Place Subdivision
plat;
th NoooOl '54"E 254.10 ft alg the E li of the Third Addition to Rambling Acres to a found 5/8
in rebar on the S li of Rambling Acres, book 26, page 13, LCOPR;
. th alg sd S Ii S89030'27"E 330.68 ft to a pt (sd pt being referenced by a 5/8 in rebar S 0.50 ft
and W 0.50 ft);
th leaving sd S Ii of sd Rambling Acres SOOoI4'47"E 126.70 ft to apt;
th S89033'30"E 123.66 ft to theW r/w of Co Rd 1141 (aka N 19th St, 50 ft r/w at this pt);
th SOl oI5'40"E 25.00 ft alg sd Wly r/w;
th leaving sd Wly r/w N89033'20"W 225.00 ft to a set 518 in rebar;
th Sooo02'34"E 102.10 ft to a found 5/8 in rebar;
th N89033'48"W 235.12 ft to the initial pt, all in Lane County, OR.
pt:LCBC: P:IBClLGLIl995\CSP9523.LGL <
Last Saved: May 17, 1995
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Final Order 1030
C SP 95 - 23
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Final Order 1030
C SP 95 - 23
Page--1 of 1
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EXHIBIT C
Findings:
1. Two proposals-one annexation and one extraterritorial sewer extension-were initiated
with the boundary commission on January 3, 1995. The anne~ion was initiated by
Springfield City Council Resolution 94-80 in accordance with provision of ORS
199.490(2)(B). The City of Springfield requested an extraterritorial sewer in
accordance with ORS 199.464. Both proposals were deemed by staff to constitute valid
. filings under OAR 191-06.
2. The City of Springfield requested a delayed effective date of January 2, 1998, as allowed
by ORS 199.495(1), which resulted in the request for an extraterritorial sewer extension
to serve development until the annexation's effective date. The City of Springfield
requested a delayed effective date to capture the value of development in its tax base. If
the annexation was effective February 2, 1995, (which it would be without the delay) the
city's tax base would only increase by the existing (undeveloped) assessed value instead
of the developed value which will be greater. The boundary commission set an effective
date of January 2, 1998-the first working day after the January 1 holiday.
3. The proposed :f: 2.25 acre annexation and sewer extension involves one tax lot (T17S
R03W S34 Map 25 tax lot 11200). The area is contiguous to the City of Springfield.
Low-density residential development is proposed for the annexation area.
4. The land is zoned LDR/UF-10, low-density residential with urbanizing fringe overlay, in
Lane County and is desigD;'lted low-density residential in the Metropolitan Plan.
Provide an impartial forum for resolution of local jurisdictional questions. Consider the
effects of the boundary change on other units of governments. ORS 199.410(1)(b) and
199. 410(3)(c)
. 5. )'he boundary commission held a p~blic hearing on February 2, 1995. Notice of the
public hearing was given in accordance with ORS 199 provisions. All interested parties
were given a reasonable opportunity to be heard. .
6. Upon the effective date of the annexation, the area will be annexed automatically to the
Lane County Metropolitan Wastewater Service District in accordance with ORS
199.510(2)(c).
7. ' The annexation area is currently in the Willamalane Park and Recreation District and
will remain in the district following the annexation effective date.
8. The Rainbow Water District will provide water and fire services to the annexation area
until the effective date of the annexation. After the annexation effective date, the City
Final Order 1030
C SP 95 - 23
Page 1 of3
2-5
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of Springfield will withdraw this area from the water district in accordance with ORS
222.
9.
These proposals are consistent with this standard.
Consider the orderly detennination and adjustment of local government boundaries to best
meet the needs of Lane County and Oregon. Consider alternatiJle solutions where
intergovernmental options are identified and make decisions based on the most effective
long-range option among identified alternatives. ORS 199.410(1), 199.410(2), and
199.410(3)(a) and (e)
10. The proposed annexation is contiguous to the Springfield city limits on two sides.
Annexation to the City of Springfield has been identified' in the acknowledged Eugene-
Springfield Metropolitan Area General Plan as the preferred method for providing urban
level services to a new developing area (implementing policy #20a, page II-B-7). lnthe
event of a delayed annexation, an extraterritorial sewer extension will provide service to
the area in the interim period between boundary commission approval and actual
annexation to the city.
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11. Annexation to an existing city is the method for extending urban services to urbanizable
land in the boundary commission's policy administrative rule, implementing policies (1),
(2), (5) and (7) (OAR 191, Division 30). Delaying the effective date of annexation does
not change the fact that this property is being annexed by this action. In the interim, a
sewer line will be extended to allow for development prior to the effective date of the
annexation (January 2, 1998). '
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12. The proposed annexation is the means of boundary change outlined in both the
Metropolitan Plan and boundary commission administrative rules for ultimately serving ,
this territory.
13. Both proposals are consistent with boundary commission policies and this standard.
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Make boundary commission detenninations which are consistent with acknowledged local
comprehensive plans. Assure an adequate quality and quantity of public services required in
the comprehensive plan to meet existing and future growth. For major boundary changes,
there must be assurance that the proposed unit of government is financially viable. ORS
199.410(1)(d), 199.410(3)(b) and (d)
14. The annexation and sewer extension are within the urban growth boundary of the
acknowledged Metropolitan Area General Plan (LCDC action in 1982 and subsequent
amendments) .
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15. The Metropolitan Area General Plan recognizes annexation to\the City of Springfield as
the desired option for servicing newly developing areas within the urban growth
Final Order 1030
C SP 95 - 23
Pa~e 2 of 3
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boundary east of 1-5. The city interprets a delayed effective date annexation and sewer
extension to fulfill this Metropolitan Plan policy direction.
16.
The current zoning is consistent with the Metropolitan Area General Plan.
17.
The City of Springfield has indicated that the required services as outlined in
Metropolitan Plan policy #7, p. II-B-4, are either available or can be provided in a
timely manner. An interim sewer extension will be made to serve development because
the annexation will not be effective until January 2, 1998. After annexation, the city
will continue to provide sewer services.
18.
Both proposals are consistent with this standard.
Consider the comprehensive plan's. economic, demographic, and sociological trends and
projections and its environmental policies, pertinent to the proposal. ORS199.410(3)(d) and
199.462(1)
19. Both proposals are consistent with the Metropolitan Plan. The urban growth boundary,
. land uses, and policies in the Metropolitan Plan were developed to meet the future needs
of the metropolitan community.
20. Both proposals are consistent with this standard.
Reasons:
1. The annexation and sewer proposals are supported by the City of Springfield and the
property owner.
2. Both proposals are consistent with the LCDC acknowledged Metropolitan Plan.
3. . The services required in the Metropolitan Plan are either available or can be provided in
.a timely manner when needed. '-
4. Both proposals are consistent with boundary commission administrative rule policies.
ci~: LCBC: P:\BClFOLIEXCl1995ICSP9523.EXC
LAst Sav~d: May 18, 1995
Final Order 1030
C SP 95 - 23
Page 3 of3
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