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May 20, 2005
Draft Annexation Comments - Byers/Mason, City of Springfield #LR2005-
000016
COMMENTS, FROM LANE COUNTY TRANSPORTATION PLANNING STAFF:
The following are draft comments provided at the annexation phase of the
development based on the information provided in the applicant's proposal.
Kintzley Avenue is a Local Access Road (LAR). Pursuant to Oregon Revised
Statutes and as adopted in Lane Code (LC) 15 010, a Local Access Road is a
Public Road that is not a County road, state highway, or federal road. Pursuant to
ORS 368, the County and Its officers, employees and/or agents, is not liable for
failure to improve Local Access Roads and is not liable to keep Local Access
Roads in repair. The County shall spend County moneys on Local Access Roads
only If it determines that the work IS an emergency or if'
(aa) the Director recommends the expenditure; and
(bb) the public use of the road justifies the expenditure proposed; and
(cc) the Board enacts an order or resolution authonzing the work and
designating the work to be either a single project or a continuing program.
Based upon the above, it is incorrect to state that Kmtzley Avenue, an LAR, is in
County junsdictlon as this road is not maintained by Lane County, but is within
the UGB of the City of Spnngfield.
Springfield and Lane County Jointly adopted ordinances and intergovernmental
agreements that transfer land use responsibilities within the Urban Growth
Boundary (UGB) to the City of Spnngfield. Furthermore, requirements that apply
within the City limits of Springfield as In the Springfield Development Code (SDC)
also apply within the urban growth boundary, outside the city limits. Therefore
new development in the UGB and associated access and street improvement
requirements specified in the SDC apply, and annexation of the associated street
and access facIlities serving the site is necessary.
Page 10 of the annexation application states the reasons the proposed boundary
change should be made is as follows:
Would like to develop to City standards with urban services - this requires
annexing to the City.
In addition to key urban facilities such as water, sanitary sewer,
emergency/medical, and storm drainage, this land area also needs to be served
by urban transportation facilities. Jasper Road, which abuts the property to the
north, IS a city maintained street that is built to full urban standards. Kmtzley
Avenue, as outlined above, is a public road that IS not a County road (Local
Access Road).
Date Received:
Planner: Al
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If the proposed property to be annexed wishes to use Kintzley Avenue as a key
urban facIlity (transportation) to serve the site, then the roadway should be
annexed by the City and requested for surrender by the County in accordance
with ORS 373.270(6) per the current County/City Road Partnership Agreement.
It IS the County's position that the streets should be annexed Into the City.
Moreover, the City is responsible for applYIng any applicable requirements with
regard to improvement of these streets whether or not they are annexed since
the City is authorized and responsible for all new development and associated
requirements within its UGB.
Date Received:
Planner: Al
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