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HomeMy WebLinkAboutOrdinance 5607 02/18/1992 . . . 9 ~). ~- . ORDINANCE NO, 5607 AN ORDINANCE WITHDRAWING CERTAIN REAL PROPERTIES LOCATED IN NORTHWEST SPRINGFIELD, ON COLONIAL DRIVE, SOUTH OF BELT LINE ROAD, EAST OF HUTTON STREET AND WEST OF GAME FARM ROAD (T17S R03W S22 MAP 12 PARCELS 1302 AND 1303); HERETOFORE ANNEXED TO THE CITY SPRINGFIELD FROM THE RAINBOW WATER DISTRICT. WHEREAS, certain real properties described below were annexed to the City of Springfield by order of Lane County Local Government Boundary Commission under Boundary Commission Final Order Number C SP 91 - 02 and further described in Attachment 2, and WHEREAS, the properties to be withdrawn are located within the boundaries of the Rainbow Water District, and WHEREAS, the City of Springfield City Council held a public hearing in the Springfield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 18, 1992 in accordance with ORS 222.524, for the purpose of hearing any objections to the withdrawal of the properties 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does hereby determine that the real properties described should be in the best interest of the City of Springfield withdrawn from the Rainbow Water District in Lane County, Oregon, insofar as the properties are located therein. Section 2: The Common Council of the City of Springfield does hereby determine that the following. described real properties within the boundaries of the Rainbow Water District are and shall be upon the effective date of this ordinance withdrawn from the Rainbow Water District i'n lane County, Oregon, said properties being described as follows: Township 17 South, Range 3 West, Section 22, Map 12, Tax lots 1302 and 1303; as more particularly described in Attachment 2 of this ordinance, Boundary Commission Final Order No. C SP 91 - 02. ADOPTED by the Common Council of the City of Springfield this 18th day of February, 1992, by a vote of -L for and -L against. APPROVED by the Mayor of the City of Springfield this 18th day of February, 1992. AT~:.. . ..b ~ A", City Recorder ~. (Jd'-JJ/~ Mayor REVIEWED &. APPROVED A~ TO FORM \ ~~~.~ ~ ~~ DATE: j-~ ~, 1 \~~ OFFICE OF CITY ATTORNEY CITY OF SPRINGFIELD Ordinance No. 5607 Page 2 ATTACHMENT 2 Lane County Local Government Boundary Commission Jb GOVERNOR 125 EAST 8th AVENUE, NORTH PLAZA LEVEL, PSB, EUGENE, OREGON 97401 PHONE 687-4283 June 12, 1991 Springfield City Recorder c/o Judy Boles 225 N 5th - City Hall Springfield, Oregon 97477 Dear Ms. Boles: . 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 February 7, 1992. - Final Order 938 (C SP 91 - 02) annexing territory to the City of Springfield (Sycan B) Please acknowledge receipt of this final order. Sincerely, ~ tb-f2ov--- Steven C. Gordon Executive Officer SCG:pt Enclosure cc: Rainbow Water District Timothy Hovet Mitch Janisse . .. . , Ordinance No. 5607 . Page' 3 . LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION FINAL ORDER 938 ( File C SP 91 - 02 ( In the Matter of Annexing the ( Following Described Territory ( City of Springfield Approved: February 7, 1991 Effective: February 7, 1992 - Legal Description Attached as Exhibit A - WHEREAS, owners of the land filed a petition on December 4, 1990 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(1)(c); 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 7, 1991; 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 7TH DAY OF FEBRUARY, 1991. -- NOTE: The territory is within the Rainbow Water District and will be remain in the district until withdrawn through separate proceedings by the City of Springfield in accordance with ORS 222. In accordance with ORS 199.510(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. . . , Ora i nance' No. 5607 . Page' 4 . EXHIBIT A Beginning at the TPOB on the S mar of Colonial Drive, sd pt being 25.00 ft from, when measured at right angles to, the cll of sd Colonial Drive, sd pt also being Nooo07'45"W 239,74 ft and N89055'53"E 276.24 ft from the NE cor of Lot 8 Sycan Commercial Park as platted and recorded in File 73, Slide 614, LCOPR; th Nooo07'45"W 5,00 ft; th N89055'W 108 ft mil to the Springfield city limits as established by LCLGBC File EC SP 90 - 13 (6/11/90); th N alg sd city limits 40.00 ft to the N rlw Ii of Colonial Drive; th S89055'E 383.00 ft mil alg sd Colonial Drive; th N 5.00 ft; th S89055'E 85.00 ft mil to apt; th Sooo07'45"E 50.00 ft to the S li of sd Colonial Drive; . th Sooo07'45"E 194,00 ft mil; th S89057'40"W 155.00 ft; th Nooo07'45"W 194.00 ft mil to the S rlw li of sd Colonial Drive (45.00 ft rlw at this pt); th alg sd S rlw Ii S89057'40"W 116.30 ft; th alg the arc. of a 20.00 ft radius curve left (the long chord of which bears S59057'40"W 20 ft) 20.94 ft; th alg the arc of a 40.00 ft radius curve right (the long chord of which bears N82016'40"W 74.05 ft) 94.61 ft; th S89057'40"W 1.25 ft to the TPOB, all in Lane County, Oregon. . Final Order 938 C SP 91 - 01 Page 1 . Ordjnance No. 5607 fage:.~.... ~ , 1201 EXHIBIT B C SP 91 - 02 ~"""!25i Annexation to Springfield (S,ycqn B) /..:r-'.4I' /34.0 ' 9-00 1101 1000 . . .. 004- 7f:. ~ .... .... Q ~ , ~ .. '" N.B'IoS;rw . 1200 .. ~ . . .. o '" //"'-'1' 900 .S.M. , (";0.40' #150M- 801 800 700 600 () N ~ ..... ~8 ~ :. . o ~ .8 ~ e. '" ~ I . " A' 8$. ....s:'#+' - '-'1-;1.1'.< "~. '.1 -- 1.. ~.4i "'" ;1{#' 1401 1400 1500 1.95 A.C.S. a ' · 10 /1 ~o--': 0\ Lf-( o~ ~ ~ ~ ~ , ~l: ~ ~ '\. '\. <()~ ~. ,'40-e 1.39 A.C.S. 00 /<( -~.Q-.~_.~.-:-:-;- . - ; - ;M' ?d' \/)" .......... "",,,,,,..,. ~_............- 1900 3.4/AC HOO4-6 ",' S.8~.A6'=""', - ~73. 2.s' /-?c> ~. we.7" ). N l":: lOOl . Final Order 938 C SP 91 - 02 Page 1 of 1 ;..-- INITIAL PClNT I ...., I eeL: ~.. ,~.....,__ , '" , " /..,r77G PARCEL "A" (LANE COUNTY) r_ . Ordinance No. 5607 . Page'~ . EXHIBIT C Findings: 1. The proposal was initiated with the boundary commission on December 4, 1990 by owner.s of at least one-half the land area in the proposal area, in accordance with provisions of ORS 199.490(1)(c). The proposal was filed directly with the boundary commission by. the property owner and was determined to be a valid filing under OAR 191-06 on December 4, 1990. 2. This proposed 1.17 acre annexation involves 0.68 acres in private ownership (TI7S R03W S22 Map 12, parcels 1302 .and 1303) and 470 feet (0.49 acres) of Colonial Drive. The owners consented to annexation. There are no registered voters in the area. 3. The proposed annexation is contiguous to the existing Springfield city limlts.The proposal meets all of the city and boundary commission criteria for approval of contiguous annexations. . ~ 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) . 4. The boundary commission held a public hearing on February 7, 1991. Notice of the public hearing was given in accordance with ORS 199 provisions. All interested parties were given a reasonable opportunity to be heard. 5. After annexation, the city will provide fire service directly to the subject property. 6. After annexation, the property will be withdrawn from the Rainbow Water District under a separate procedure in accordance with ORS 222. The proposal area is undeveloped. The City of Springfield and the water district have an intergovernmental agreement which allows the water district to continue to provide water to the proposal area following annexation until the district is dissolved. 7. The annexation will remain within the boundaries of the Willamalane Park and Recreation District after annexation because the city is part of the park district (ORS 199.510(2)(c)). 8. Upon annexation, the area will be annexed automatically to the Lane County Metropolitan Wastewater Service District in accordance with ORS 199.510(2)(c). . Consider the orderly determination and adjustment of local government boundaries to best meet the needs of Lane County and Oregon. Consider alternative 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) Final Order 938 C SP 91-02 Page 1 Ordinance No. 5607 Page" 7 . 9. Annexation to the City of Springfield has been identified in the acknowledged Metropolitan Area General Plan (Ch. II-B) as the preferred method for providing urban level services to territory in this area. 10. 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). Make boundary commission determinations 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, ther~ must be assurance that the proposed unit of government is financially viable. ORS 199.410(1)(d), 199.410(3)(b) and (d) 11. This 0.65 acre proposal is within the urban growth boundary of the acknowledged Metropolitan Area General Plan (LCDC action in 1982 with . post-acknowledgment amendments in 1984, 1985, 1986, 1987, 1988, and . 1989). 12. The Metropolitan Area General Plan recognizes annexation to the City of Springfield as the desired option for servicing this territory. 13. The City of Springfield has indicated that the required services as outlined in Metropolitan Plan policy #7, p. 11-8-4, are either available . or can be provided in a timely manner. 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) 14. 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. Reasons: 1. The proposal is supported by the City of Springfield and the property owner. 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 supporting Springfield. is consistent with past boundary commission actions annexation of territory in this area to the City of . Final Order 938 C SP 91-02 Page 2 ~... , ( ,~, , ~~dinanc~ No. 5607 , . Page' 8 . 5. Provision of city level services will promote development in the North Springfield area, which will benefit both the North Springfield area as well as the broader metropolitan area. 6. The proposal is consistent with boundary commission administrative rule policies. . . Final Order 938 C SP 91-02 Page 3 Ordinance No. 5607 . ~a'ge 9 . . .