HomeMy WebLinkAboutItem 12 A Rqst to Withdraw the Goshen RFPD from Certain Segments of McVay Highway Right-of-way Said Withdrawl Having Been Omitted AGENDA ITEM SUMMARY Meeting Date: 6/5/2017
Meeting Type: Regular Meeting
Staff Contact/Dept.: Greg Mott, DPW
Staff Phone No: Ext. 3774
Estimated Time: 10 Minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Community and Economic Development and Revitalization ITEM TITLE: A REQUEST TO WITHDRAW THE GOSHEN RURAL FIRE PROTECTION DISTRICT FROM CERTAIN SEGMENTS OF MCVAY HIGHWAY RIGHT-OF-WAY SAID
WITHDRAWAL HAVING BEEN OMITTED WHEN THIS TERRITORY WAS ANNEXED
TO THE CITY OF SPRINGFIELD UNDER ORDINANCE NO 6290 ON APRIL 1, 2013.
ACTION REQUESTED: Conduct a public hearing and first reading of the following ordinance: AN ORDINANCE APPROVING THE WITHDRAWAL OF CERTAIN TERRITORY FROM THE GOSHEN RURAL FIRE PROTECTION DISTRICT IN GLENWOOD INSIDE THE CITY LIMITS OF SPRINGFIED. (FIRST READING).
ISSUE STATEMENT: The City Council adopted Ordinance No 6290 on April 1, 2013 annexing most of the Franklin
Boulevard and McVay Highway rights-of-way located in Phase I of the Glenwood Refinement Plan.
This action created “adjacency” for abutting properties and with it the right to annex consistent with
the development scheduling pro forma of the property owners. Annexation ordinances may include
the concurrent action of annexation to Willamalane Park and Recreation District and withdrawal
from special service districts whose function will be provided by SUB and the city upon annexation.
The withdrawal of the Goshen Rural Fire Protection District from this roadway annexation was inadvertently omitted from Ordinance No 6290; this public hearing is intended to correct that omission
ATTACHMENTS: Attachment 1: Staff Report Attachment 2: Ordinance with Exhibits Exhibit A: Map and Legal Description Exhibit B: Staff Report and Recommendations
DISCUSSION/
FINANCIAL IMPACT:
Ordinance No 6290, adopted by the City Council on April 1, 2013, included the following concurrent actions: annexation of Franklin Boulevard and McVay Highway rights-of-way out to the urban growth boundary on the west and south margins, to the City of Springfield and the Willamalane Park and Recreation District; and withdrawal of the same territory from the Glenwood Water District. Withdrawal of the Goshen Rural Fire Protection District was inadvertently omitted, and not because it was necessary to maintain this circumstance in preference to service delivery from Eugene-Springfield Fire Department.
ORS 222 City Boundary Changes; Mergers; Consolidations; Withdrawals provide the rules,
standards and regulation for withdrawals of all or part of a service district when the city will assume
that service: when the city… “will provide for the service to the part of the district that the district
provided before the incorporation or annexation, the city may cause the part to be withdrawn from
the district in the manner set forth in ORS 222.120 or at any time after the incorporation or
annexation in the manner set forth in ORS 222.524.” Emphasis added. Notwithstanding the
adoption of Ordinance No 6290 on April 1, 2013, the Council may withdraw this right-of-way from the Goshen Rural Fire Protection District through adoption of the attached Ordinance, and establishment of an effective date.
Recommendation: Staff recommends the City Council approve the withdrawal of territory, as shown on Exhibit A to this withdrawal ordinance, from the Goshen Rural Fire Protection District.
TYPE IV – WITHDRAWAL OF GOSHEN RURAL FIRE
PROTECTION DISTRICT FROM TERRITORY PREVIOUSLY ANNEXED TO SPRINGFIELD UNDER ORDINANCE #6290. STAFF REPORT AND RECOMMENDATION
______________________________________________________________________________ File Name: Goshen Rural Fire Protection District Withdrawal
Applicant: City of Springfield
Journal Number:
811-17-000017-TYP4
Proposal Locations: North-south segment of McVay Highway ROW,
between the railroad bridge south of Nugget Way
at the north terminus, to the intersection of McVay
Highway with the Springfield Urban Growth Boundary at the south terminus.
Adjacent Zoning:
Employment Mixed-Use
Applicable Comprehensive Plan: Glenwood Refinement Plan
Application Submittal Date:
May 1, 2017
Associated Applications:
None
Review Process (SDC 5.7-115): The subject withdrawal is being reviewed under Type IV procedures, without Planning Commission
consideration.
Development Issues Meeting (SDC 5.7-120): A Development Issues Meeting (DIM) is required of all privately initiated annexation applications. This
application is neither private nor an annexation per se; this application seeks to withdraw the Goshen Rural Fire Protection District from territory previously annexed to Springfield under Ordinance No. 6290.
Finding: This withdrawal action was inadvertently omitted from the City Council initiated annexation of Franklin Boulevard and McVay Highway right-of-way (CSP 2013 – ANX13-00001) which ultimately
was concluded with the adoption of Ordinance No. 6290 on April 1, 2013. This action therefore does not require a DIM. Harbor Dr SUBJECT AREA
Attachment 1, Page 1 of 4
Conclusion: The requirement in SDC 5.7-120 is not applicable.
Annexation Initiation and Application Submittal (SDC 5.7-125): In accordance with SDC 5.7-125.A and ORS 222.111(2), an annexation application may be initiated by
City Council resolution. Additionally, in accordance with SDC 5.7-125.B.3, the City Council may adopt a resolution to initiate a boundary change, including but not limited to publicly owned rights-of-way.
Finding: The City Council initiated annexation of Franklin Boulevard and McVay Highway right-of-way by adoption of Resolution 2013-02 on January 22, 2013. Most of the subject annexation area, with
the exception of the parcel addressed as 4095 Franklin Boulevard, was publicly owned right-of-way.
While the withdrawal of the Glenwood Water District was a concurrent action under Ordinance No 6290, withdrawal of the Goshen Rural Fire Protection District was inadvertently omitted from this same action.
Additionally, when withdrawal from a Special Service District is processed separately from the annexation process, the withdrawal is subject only to the notice requirements of SDC 5.7-130, and the
criteria standard of SDC 5.7-160(C.); therefore SDC 5.7-125 et seq does not apply to this proposed
withdrawal.
Conclusion: The application requirements in SDC 5.7-125 et seq are not applicable to this proposed
special service district withdrawal.
Site Information: The territory subject to this withdrawal includes a north-south linear segment of McVay Highway right-of-way from the railroad bridge south of Nugget Way to the intersection of McVay Highway with the
Springfield urban growth boundary at the southern terminus of territory annexed under Ordinance No 6290. The City of Springfield and all its departments and programs are responsible for all urban services,
including fire response to all areas within the city limits in accordance with Polices 17 and 18, Chapter II-
C Growth Management of the Metro Plan and the Urban Transition and Annexation Policies of the Glenwood Refinement Plan both of which policy documents call for the provisions of all key urban
services to land within the city limits. The presence of the Goshen Rural Fire Protection District is
inconsistent with these policies as this district is not an instrument of the City of Springfield, identified as the logical provider of key urban services within the city limits.
Notice Requirements (SDC 5.7-130): As required by SDC 5.7-130, notice of this withdrawal was provided as follows:
Mailed Notice. Notice of the withdrawal application was mailed May 23, 2017, which is at least 14 days prior to the public hearing date, to the affected property owner(s); owners and occupants
of properties located within 300 feet of the perimeter of the affected territory; affected neighborhood groups or community organizations officially recognized by the city that includes the affected territory; affected special districts and all other public utility providers; and the Lane
County Land Management Division, Lane County Elections, and the Lane County Board of Commissioners.
Newspaper Notice. Notice of the June 5, 2017 public hearing was published in The Register-Guard on May 22, and May 29, 2017.
Posted Notice. Notice of the June 5, 2017 public hearing was posted in five public places in the City: in the middle of the section of McVay right-of-way subject to this action; and at the
Attachment 1, Page 2 of 4
Springfield City Hall and in the Development and Public Works office; and on the City of
Springfield website, on May 22, 2017 and May 29, 2017.
Content of Notice. All notice provided as specified above, included the following information:
The Lane County Tax Assessor’s map and tax lot numbers and a map of the territory to be
withdrawn from the Goshen Rural Fire Protection District; a statement that the Director’s recommendation will be available on May 30, 2017; and the date, time and place the City Council
will hold a public hearing to consider the withdrawal of the Goshen Rural Fire Protection District from within the city limits of Springfield.
Finding: The subject section of McVay Highway is not zoned and the proposed withdrawal of the Goshen Rural Fire Protection District from this right-of-way will not affect this unzoned status nor will it result in a change to the comprehensive plan designation or the municipal boundaries of the City of
Springfield therefore the notification standards of OAR 660-018-0022 do not apply. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130.
Recommendation to City Council (SDC 5.7-135): The Director shall forward a written recommendation on the annexation application to the City Council based on the approval criteria
specified in SDC 5.7-140. However, this application is for a withdrawal, not an annexation. As such, withdrawals processed separately from annexations are subject only to the Notice standards of SDC 5.7-130 and the criteria of SDC 5.7-160(C); therefore, SDC 5.7-135 does not apply to this withdrawal.
Criteria (SDC 5.7-140): The application for annexation may be approved only if the City Council finds that the proposal conforms to the following criteria:
This application is for the withdrawal of the Goshen Rural Fire Protection District from certain territory annexed to the City of Springfield under Ordinance No 6290 on April 1, 2013. Because this request for
withdrawal is occurring separately from the 4/1/13 annexation, SDC 5.7-140 et seq does not apply to this request; SDC 5.7-160(C) is the applicable criteria. Also see ORS 222.524
City Council Decision (SDC 5.7-145): City Council approval of the annexation application shall be by
Ordinance.
This application is for the withdrawal of the Goshen Rural Fire Protection District from certain territory annexed to the City of Springfield under Ordinance No 6290. However, had this withdrawal not been omitted, Ordinance No 6290 would have included this withdrawal just as it included the withdrawal of the
Glenwood Water District therefore, this action shall be by Ordinance. Zoning (SDC 5.7-150): The area of this withdrawal is for the portion of McVay Highway right-of-way
that extends from the railroad bridge south of Nugget Way at the north terminus, to the intersection of McVay Highway with the Springfield urban growth boundary at the south terminus. None of this right-of-
way is zoned; all abutting land is designated Employment Mixed-Use in accordance with the adopted Glenwood Refinement Plan.
Effective Date and Notice of Approved Annexation (SDC 5.7-155): This application is for the
withdrawal of the Goshen Rural Fire Protection District from territory annexed to Springfield under Ordinance No 6290 on 4/1/13; as such, SDC 5.7-155 does not apply to this application.
Attachment 1, Page 3 of 4
Withdrawal from Special Service Districts (SDC 5.7-160): Withdrawal from special districts may
occur concurrently with the approved annexation Ordinance or after the effective date of the annexation
of territory to the City. The annexation of territory occurred on 4/1/13; therefore this action is taken as a result of this withdrawal occurring separately from the annexation.
The Director shall recommend to the City Council for consideration of the withdrawal of the annexed territory from special districts as specified in ORS 222. In determining whether to withdraw the territory,
the City Council shall determine whether the withdrawal is in the best interest of the City. Notice of the withdrawal shall be provided in the same manner as the annexation notice in Section 5.7-150.
Finding: The territory affected by this action is public right-of-way; it is not private property, it is not developed property. Surrounding private property is not affected by this action. When surrounding private property seeks development approval and becomes subject to annexation, that property won’t
develop until it, too, annexes and in so doing, continues to withdraw from any non-urban district that will be replaced by City of Springfield services.
Finding: The annexation area is within the City Limits. Consistent with SDC 5.7-160, notice was provided, a public hearing was held, and the City Council determined that withdrawal from the Glenwood
Water District was in the best interest of the City. The withdrawal decision was codified in Ordinance
No.______.
Attachment 1, Page 4 of 4
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. __________ (SPECIAL)
AN ORDINANCE APPROVING THE WITHDRAWAL OF CERTAIN TERRITORY FROM THE GOSHEN
RURAL FIRE PROTECTION DISTRICT WITHIN THE CITY LIMITS OF SPRINGFIED.
THE COMMOND COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, on April 1, 2013, the Springfield City Council adopted Ordinance No. 6290, approving Case
CSP 2013-ANX13-00001, annexing territory into the City of Springfield, said territory being segments of
Franklin Boulevard right-of-way within Assessor’s Maps Township 17 South, Range 03 West, Section 33, Map
44; Township 17 South, Range 03 West, Section 34, Maps 31-33; Township 17 South, Range 03 West, Section
34, Maps 43 & 44; Township 18 South, Range 03 West, Section 02, Map 33; Township 18south, Range 03
West, Section 03, Maps 11, 14 and 40; and Township 18 South, Range 03 West, Section 10, Map 10; and a
parcel municipally addressed as 4095 Franklin Boulevard (Assessor’s Map Township 17 South, Range 03 West,
Section 34, Map 33. Tax Lot 9100) as generally depicted and more particularly described in Exhibit A to this
Ordinance; and,
WHEREAS, the City Council is authorized by Springfield Development Code (SDC) Article 5.7-160 and
ORS Chapter 222 to accept, process and act on special district withdrawals from the City of Springfield; and
WHEREAS, the annexation of this territory in 2013 was undertaken and completed in full compliance
with SDC 5.7-125.A and ORS 222.111(2), and with SDC 5.7-140.A, and with SDC 5.7-140.C, and with SDC 5.7-
140.B, and with SDC 5.7-160; and with the Public Facilities and Services Element policies, and the Urban
Transition and Annexation Element policies of the Glenwood Refinement Plan; and,
WHEREAS, the territory within the Goshen Rural Fire Protection District that was annexed to the City
of Springfield by Ordinance No. 6290 on April 1, 2013 that is now proposed for withdrawal from the Goshen
Rural Fire Protection District is provided with fire protection and emergency services from the Eugene-
Springfield Fire Department; and,
WHEREAS, the Staff Report in Exhibit B, which is attached hereto and incorporated by reference, was
presented to the City Council with the Director’s recommendation to withdraw the Goshen Rural Fire Protection
District from the territory annexed to the City of Springfield by Ordinance No. 6290, as the City of Springfield
has the jurisdictional responsibility for Glenwood as specified in Chapter II, Subsection D of the Eugene-
Springfield Metropolitan Area General Plan 2004 Update, and such jurisdictional responsibility includes the
provision of fire protection and emergency services from the Eugene-Springfield Fire Department; and
WHEREAS, on June 5, 2017, the Springfield City Council conducted a public hearing and is now ready
to take action on this withdrawal of the Goshen Rural Fire Protection District from territory annexed to the City
of Springfield by Ordinance No. 6290 based on the recommendation and findings in support of this withdrawal
in the aforementioned Staff Report to the Council, incorporated herein by reference, and the evidence and
testimony presented at this public hearing held in the matter of adopting this Ordinance.
NOW THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1: The Common Council of the City of Springfield does hereby approve withdrawal of the
Goshen Rural Fire Protection District from the following described territory within the City of Springfield, said
Attachment 2, Page 1 of 10
territory being a segment of McVay Highway between its intersection with the railroad bridge south of Nugget
Way at the north terminus, and its intersection with the city’s urban growth boundary at the south terminus as
generally depicted and more particularly described in Exhibit A, attached.
Section 2: The City Manager or the Development and Public Works Director shall send copies of this
Ordinance to affected State and local agencies as required by SDC 5.7-155.
Section 3: This Ordinance withdrawing the territory described in Section 1 above shall become
effective 30 days from the date of its passage by the City Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield this _____ day of __________, 2017, by a
vote of _____ for and ____ against.
APPROVED by the Mayor of the City of Springfield this _____ day of __________, 2017.
________________________________________
Mayor
ATTEST:
_____________________________
City Recorder
Attachment 2, Page 2 of 10
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Within Springfield City Limits
Outside Springfield City LimitsTax Lots
I 500 0 500250Feet
Territory to beWithdrawn
Exhibit A, 1 of 1
Attachment 2, Page 3 of 10
Franklin Boulevard Description
for removal from the Goshen Rural Fire Protection District
A portion of Franklin Boulevard; said portion also known as McVay Secondary
Highway, Old U.S. Highway 99, Highway 225, or as relocated Pacific Highway No.
1; said portion being North of the intersection of the centerline of said Franklin Boulevard with the centerline of the Pacific Freeway (Interstate) Number I-5, and South of the intersection of the centerline of said Franklin Boulevard with the centerline of the Southerly right of way of the Southern Pacific Railroad at the
Railroad undercrossing, said portion being further described as follows:
Beginning at a point in the Southwest quarter of Section 2, Township 18S, Range 3W, of
the Willamette Meridian, Lane County, Oregon, said point marking the intersection of the
Westerly right of way line of Franklin Boulevard with the Southerly right of way of the
Southern Pacific Railroad, and said point also being on the current city limits line and the
current Northern boundary of the Goshen Rural Fire Protection District;
1) Thence leaving the current Northern boundary of the Goshen Rural Fire Protection
District and the Southerly right of way of the Southern Pacific Railroad, and continuing
on the current city limits line and the Westerly right of way line of Franklin Boulevard, South 4° 22' 20" West a distance of 324.68 feet, more or less;
2) Thence South 9° 10' 45" West a distance of 109.55 feet, more or less;
3) Thence South 30° 58' 50" West a distance of 161.55 feet, more or less;
4) Thence South 9° 10' 45" West a distance of 136.38 feet, more or less;
5) Thence South 10° 10' 45" West a distance of 200.55 feet, more or less;
6) Thence South 8° 10' 45" West a distance of 65.34 feet, more or less;
7) Thence South 18° 23' 09" East a distance of 111.80 feet, more or less;
8) Thence South 1° 39' 14" East a distance of 222.49 feet, more or less;
9) Thence South 15° 45' 34" West a distance of 94.96 feet, more or less;
10) Thence South 2° 50' 26" East a distance of 213.79 feet, more or less;
11) Thence South 4° 50' 26" East a distance of 189.01 feet, more or less;
12) Thence South 0° 52' 12" West a distance of 201.00 feet, more or less to the
Southeast corner of that tract of land described in a deed from Pacific Conifers, LLC to
Exhibit A-1, 1 of 3
Attachment 2, Page 4 of 10
Frank L. Brewer recorded January 3, 2008 as Instrument No. 2008-000538, Lane County
Oregon Official Records (current tax map and lot number 18031010, 00200);
13) Thence leaving said current Westerly right of way line of Franklin Boulevard and continuing on the current city limits line, on the South line of said Brewer tract and its
Westerly extension South 71° 48' 35" West a distance of 179.14 feet, more or less to
the centerline of the Pacific Freeway (Interstate) Number I-5;
14) Thence on said centerline of the Pacific Freeway South 18° 11' 25" East a distance of 951.00 feet, more or less to an angle point in said city limits line;
15) Thence leaving said centerline of the Pacific Freeway and continuing on said current
city limits line North 88° 59' 44" East a distance of 158.64 feet, more or less to the
current Easterly right of way line of Franklin Boulevard;
16) Thence North 8° 29' 18" East a distance of 196.70 feet, more or less;
17) Thence North 8° 41' 31" West a distance of 1174.92 feet, more or less;
18) Thence North 2° 50' 26" West a distance of 295.41 feet, more or less;
19) Thence North 2° 40' 09" East a distance of 68.75 feet, more or less;
20) Thence North 8° 10' 45" East a distance of 250.46 feet, more or less;
21) Thence South 81° 49' 15" East a distance of 10.00 feet, more or less;
22) Thence North 8° 10' 45" East a distance of 44.78 feet, more or less;
23) Thence North 10° 10' 45" East a distance of 198.72 feet, more or less;
24) Thence North 9° 10' 45" East a distance of 303.77 feet, more or less;
25) Thence North 12° 10' 56" East a distance of 120.07 feet, more or less, to a point on the Southerly right of way of the Southern Pacific Railroad, said point being on the
current Northern boundary of the Goshen Rural Fire Protection District, and said point
also being a point of curvature;
26) Thence leaving the current city limits line and the Easterly right of way line of Franklin Boulevard and continuing on the current Northern boundary of the Goshen
Rural Fire Protection District and the Southerly right of way of the Southern Pacific
Railroad, on a non-tangent curve turning to the left, with an arc length of 251.49 feet,
with a radius of 1035 feet, with a chord bearing of North 20° 25' 25" West, with a chord length of 250.87 feet, more or less;
Exhibit A-1, 2 of 3
Attachment 2, Page 5 of 10
27) Thence North 27° 40' 00" West a distance of 99.34 feet, more or less, to the Point
of Beginning.
Containing approximately 13.6 acres, more or less.
Exhibit A-1, 3 of 3
Attachment 2, Page 6 of 10
Franklin Boulevard Description
for removal from the Goshen Rural Fire Protection District
COURSES ONLY – NOT TO BE CONFUSED WITH FULL
CITY OF SPRINGFIELD ANNEXATION DESCRIPTION, AS CERTAIN REQUIRED SPECIFICITY HAS BEEN REMOVED
Tract 1:
1) From the Point of Beginning, go South 4° 22' 20" West 324.68 feet, more or less;
2) South 9° 10' 45" West 109.55 feet, more or less;
3) South 30° 58' 50" West 161.55 feet, more or less;
4) South 9° 10' 45" West 136.38 feet, more or less; 5) South 10° 10' 45" West 200.55 feet, more or less;
6) South 8° 10' 45" West 65.34 feet, more or less;
7) South 18° 23' 09" East 111.80 feet, more or less;
8) South 1° 39' 14" East 222.49 feet, more or less;
9) South 15° 45' 34" West 94.96 feet, more or less; 10) South 2° 50' 26" East 213.79 feet, more or less;
11) South 4° 50' 26" East 189.01 feet, more or less;
12) South 0° 52' 12" West 201.00 feet, more or less;
13) South 71° 48' 35" West 179.14 feet, more or less;
14) South 18° 11' 25" East 951.00 feet, more or less; 15) North 88° 59' 44" East 158.64 feet, more or less;
16) North 8° 29' 18" East 196.70 feet, more or less;
17) North 8° 41' 31" West 1174.92 feet, more or less;
18) North 2° 50' 26" West 295.41 feet, more or less;
Exhibit A-2, 1 of 2
Attachment 2, Page 7 of 10
19) North 2° 40' 09" East 68.75 feet, more or less;
20) North 8° 10' 45" East 250.46 feet, more or less;
21) South 81° 49' 15" East 10.00 feet, more or less; 22) North 8° 10' 45" East 44.78 feet, more or less;
23) North 10° 10' 45" East 198.72 feet, more or less;
24) North 9° 10' 45" East 303.77 feet, more or less;
25) North 12° 10' 56" East 120.07 feet, more or less;
26) CURVE: arc length of 251.49 feet, with a radius of 1035 feet, with a chord bearing of North 20° 25' 25" West, with a chord length of 250.87 feet, more or less;
27) North 27° 40' 00" West 99.34 feet, more or less, to the Point of Beginning.
Exhibit A-2, 2 of 2
Attachment 2, Page 8 of 10
Exhibit A-3, 1 of 1
Exhibit A-4, 1 of 1