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HomeMy WebLinkAboutOrdinance 5809 03/18/1996 ATTACHMENT 1 . ORDINANCE NO. 5809 (Special) AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTY LOCATED IN NORTH SPRINGFIELD, WEST OF GAME FARM ROAD SOUTH, EAST OF GATEWAY STREET AT THE WEST END OF COLONIAL DRIVE (TI7S R03W S22 MAP 12, PART OF TAX LOT 1304); HERETOFORE ANNEXED TO THE CITY OF SPRINGFIELD FROM THE RAINBOW WATER DISTRICT AND DECLARING AN EMERGENCY. 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 95-09 and further described in Exhibit A, and WHEREAS, the annexed property described is located within the boundaries of the Rainbow Water District and must be withdrawn from such district, and WHEREAS, the City of Springfield City Council held a public hearing in the Springfield City Council Chambers on March 4, 1996 in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 ~ objections raised, and WHEREAS, the withdrawal ordinance must be submitted to the Oregon Department of Revenue on or before March 31, 1996 in order to become effective on July 1, 1996, NOW THEREFORE THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: . Section 1 :, The council of the City of Springfield does hereby determine that it is in the best interest of the City that the real property described should be withdrawn from the Rainbow Water District in Lane County, Oregon, Section 2: The Common Council of the City of Springfield does hereby determine that the following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property within the boundaries of the Rainbow Water District is and shall be upon the effective date of this ordinance withdrawn from the Rainbow Water District in Lane County, Oregon, said property being described as follows: Township 17 South, Range 03 West, Section 22, Map 12, part of tax lot 1304; as more particularly described in Exhibit A (Boundary Commission Final Order No. EC SP 94-09), Section 3: It is hereby found and declared that matters pertaining to the withdrawal from Rainbow Water District are matters affecting the public health, safety and welfare of the City of Springfield and this ordinance shall, therefore take effect immediately upon the passage by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this 18tOay of March, 1996, by a vote of ~ for and ~ against. ' APPROVED by the Mayor of the City of Springfield this 18th day of March, 1996. . ATTEST: ~dM~ City Recorder 1 t'$~ Mayor ~ \f \'rL\:..~~\:) 'f-\~\") r\ ~\., \"'~\1~'J ~~ ~ ~c,'-~'" ~~':>~~~ ~ \....~ -A ".....1 OrT:L.~~ c~ Q\\'l f\"\\~"~~ 'f ~3 ~C::., \,,~~ . . . Ordinance '5809 P'age 2 ATTACHMENT 2 ~n May 4, 1995 LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION 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 County 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, 1996. Final Order 1017 (C SP 95 - 09) annexing territory to the City of Springfield (J anisse ) Please acknowledge receipt of this final order. Sincerely, s~e.~ ~ Steven C. Gordon Executive Officer SCG:ce Enclosure cc: Rainbow Water District Mitchel and Julie Janisse ce: LCBC: P:IBCIFOLIPH\1995ICSP9509.FOL Last Saved: May I, 1995 1 125 East 8th Avenue North Plaza Level, PSB Eugene, OR 97401-6807 (503) 687-4425 FAX (503) 687-4099 P13100 Ol^dinance 5809 Page 3 . LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION FINAL ORDER 1017 ( File C ~p 95 - 09 ( In the Matter of Annexing the ( Following Described Territory ( To the City of Springfield Approved: February 2, 1995 Effective: Ianuary 2, 1996 - Legal Description Attached as Exhibit A - . WHEREAS, Resolution 94-78 of the City of Springfield was filed on December 14, 1994, 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 of 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. --X~ \ ~ Iohn Lively, Chair, ~ 2\7 \'15 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. . 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 Lane County Metropolitan Wastewater Service District, a county service district organized under ORS 451, which is part of the City of Springfield. p: \be \fol\csp9508. fo 2 prdinance 5809 Page 4 EXHI BIT A . Parcel 1 Land Partition Plat Number 91-P0178 excepting the south 28.65 feet . Final Order 1017 C SP 95 - 09 .age 1 of 1 3 Qrdinance 5809 Page 4 EXHIBIT B -_.. ..... . . ~.,;. ~.~.. " """",.e ~ 1101 . .. ... In In c:) '" , .. . 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P.2 1302 O,~~AC, 77, c;..' p. 3 1303 " 0, ~4AC. ! I :'l\J Ill' .~ 61'. . 't' ~o '1 ~ Nl ~1 ..~-... . ...r...... ." ~ . 700 600 & ~ , .# 6~ - 4I".I'#+' I....~,J ~~ :.J.. ;1ltI' }II#' 1400 150C 1401 H , t> <; ~ ~ ~ \0' ......... ~",."'. - -.... .~.... ;N' ?WI' 1900 .J, . lAC. HOO4-E - ~73 z",- /'1-03 -22-/2 ~~ ., ~ 6 t' W~. r -/c;1.xtJ-r- J 3d ~ (f7arr--) ~V1e'KC{ti()V\ ~cz. <S C-~( e ~ \ II ;:;-! CO' . Nor -f1.-1 INITIAL POINT PARCEL"A" (LANE COUNTY) /.../,.. ..:: r_ ~Y~c;,' 'Ordi nance 5809 Page 5 . EXHIBIT C 1. An annexation proposal was initiated with the boundary commission on December 14, 1994. The annexation was initiated by Springfield City Council Resolution 94-78 in accordance with provision of ORS 199.490(2)(B). The proposal was deemed by staff to constitute a valid filing under OAR 191-06. 2. The City of Springfield requested a delayed effective date of Ianuary 2, 1996, as allowed by ORS 199.495(1), 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 Ianuary 2, 1996-the first working day after the January 1 holiday. . 3. The proposed ::l: 0.14 acre annexation involves a portion of one tax lot (TI7S R03W S22 Map 12 part of tax lot 1304). The area is contiguous to the City of Springfield. The property is planned for residential/development. / 4. The land is zoned LDR/UF-l~OW-density residential with urbanizing fringe overlay, in Lane County and is designat~d low-density residential in the Metropolitan Plan., Provide an impartial forum it 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. The boundary commission held a public 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 199.51O(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, Rainbow Water District will provide water and fire services to the annexation area until the effective date of the annexation and it is withdrawn from the district by the City of Springfield in accordance with ORS 222. . 9. The proposal is consistent with this standard. Final Order 10 17 C SP 95 - 09 Page 1 of 3 5 . . . '. ~Ordinance 5809 Page 6 . . " 18. The proposal is consistent with this standard. Consider the comprehensive plan's economic, demographic, and. sociological trends and projections and its environmental policies, pertinent to the proposal. ORS 199.410(3)(d) and 199.462(1) 19. The proposal is 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. The proposal is consistent with this standard. Reasons: 1. The annexation proposal IS supported by the City of Springfield' and the property owners. 2. The proposal is 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. The proposal is consistent with boundary commission administrative rule policies. LCBC: P:IBCIFOLIEXCI1995ICSP9509,EXC Last Saved: March 7. 1995 Final Order 1017 C SP 95 - 09 Page 3 of 3 6